agreement violation (agreement has arbitration clause)

Querist : Anonymous (Querist) 27 March 2010 This query is : Resolved
Dear Friends
I had taken a frnachisee of a reputed company in Aug Last year. The agreement clearly gives exclusive franchise right in my city to me and a right of first preference in case of opening any new center in the city to be given to me.
Now the company has violated the agreement by continuing the old franchisee which was declared as closed (gien by company in writing to me)and transfer of students at the old franchisee.
Now i filed a case u/s 9 of Arbitration and reconciliation act.The case is lingered on by the defendts by ajdoujnments. what other remedy is available to me? pls help

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H. S. Thukral (Expert) 27 March 2010
Since there is an arbitration clause in the agreement, go for appointment of an Arbitrator. Your lawyer should oppose the adjournments and emphasise the urgent indulgence of the Court to grant interim measures as prayed by you in your application.

Kumar Thadhani (Expert) 29 March 2010
Since in the franchise agreement it is mentioned in event of new centre should be given to you as a preferential right it has violated the clause of your agreement and the case could be adjudicated by filing your case under Arbitration and Reconcilation Act ask your lawyer to emphasis for negligence on their part or losses which may caused to you.

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