consideration of the payment by the Franchise to the
Franchisor of the Franchisee Fees as agreed hereunder and in
consideration of the Franchise agreeing ... Franchisor
continuing or recurring fee by way of royalty, upon the dates
and manner hereinafter mentioned, the Franchisor hereby
grants a personal, non-exclusive
87578-87581/2015,85038/2016
a) Sale of goods identified with
Franchisor;
b) Manufacture of goods identified
with Franchisor;
c) Provide service identified with
Franchisor ... Undertake any process identified
with franchisor.
Since these conditions are not satisfied in
the present case the services cannot be
classified under franchisee service
manufacture goods or to provide service or undertake any
process identified with franchisor, whether or not a trade
mark, service mark, trade name or logo ... such
symbol, as the case may be, is involved;
(ii) the franchisor provides concepts of business
operation to franchisee, including knowhow, method of
operation, managerial
seen that
promotional materials are to be supplied by franchisor and
training facilities has to be arranged by franchisor which go
beyond the scope ... part of franchisee. Clause 45
stipulates obligations on the part of franchisor. These
obligations are beyond the scope of definition of franchise
service and thus
manufacture goods or to provide service or undertake
any process identified with franchisor, whether or not a
trade mark, service mark, trade name or logo ... such symbol, as the case may be, is involved
65 (48) "franchisor" means any person who enters into
franchise with a franchisee
service provided to a Franchisee, by the Franchisor in relation to
Franchise". The Franchisor develops the brand name, concept of following the
business, promotes ... manner
in which he himself was conducting the business. The definitions of Franchisor
under Section 65(48) of the Act, means "any person
prescribed tuition fee. This amount collected by them as franchisor fee from all their franchisees in India. They have no dispute on paying service ... them.
4. Heard both sides.
5. The definition of Franchise and Franchisor as given under Section 65(47) and 65(48) of the Finance
terms of the agreed
specific terms of the franchise agreement between the franchisor, the
accused could grant the franchise(s) to the other third parties ... effect that:-
"the parties hereby acknowledge and agree that franchisor
may grant other franchises within the vicinity, which will
not be in the radius
meet the sales target and was at the instance of the Franchisor. The adjudicating authority failed to consider the Plant Managers Report tallied with ... Sales Manager Report (SMR) sent by the appellants to their franchisors was more than the clearances shown in RG 1 Register. However, we find that
each year is to be, under the agreement, paid to the franchisor
company as royalty (clause 5.2(B)(ii));
(b) the franchise agreement makes ... structure for the various programs/courses is as decided by
the principal (franchisor);
(c) the school is situate on a leasehold land, so that
