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Breach of contract........

(Querist) 24 May 2008 This query is : Resolved 
Dear Sir, let me know about my client's problem regarding Franchisee as coaching centre at bhilai for the terms of three years. As per contract between both parties, it is clearly mentioned that my client obtained aforsaid coaching centre exclusively for Bhilai, Durg & Rajnandgaon.Unfortunately the other party of contract deed belongs to Kota (Raj) had given Franchisee to third party without giving any prior notice (2 months as per contract deed)to my client at the end one year only . May I know, is there any remedy/relief seek for my client regarding this..... Is there any chance to get stay order in favour of my client so that he can use the brand name till settlement.........Plz advice........
Ashok kushwaha
Advocate (C.G.)
ASHOK KUSHWAHA (Querist) 24 May 2008
plz...reply soon...Ashok Kushwaha
Manish Singh (Expert) 24 May 2008
The problem is not quite clear since one need to look into the contents of a contract but it seems that your client has been promised by the licensor that he shall have the sole right of franchisee for agreed period or depending upon the notice.
If under theses conditions he has given franchisee to some other party, you can definitely sue him under breach of contract.
These kind of restrictions are traeted as reasonable restrictions.
Go and sue him.

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