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Bar On CLAT Mentor Navneet Singh Purohit Against Giving Law Entrance Coaching Restricted Only On Use Of "Law Prep" Properties: Rajasthan HC Clarifies
ANIRUDH VIJAY
2 Jun 2022 12:31 PM GMT
A vacation bench of Rajasthan High Court, Jodhpur has disposed of an appeal filed by CLAT Mentor Navneet Singh Purohit, challenging an ex-parte order of the Trial court imposing teaching restrictions on him, in a civil suit filed by Law Prep Tutorials.The Trial court had issued a temporary injunction against Navneet Singh, restraining him from running any business/ venture/ teaching service...
A vacation bench of Rajasthan High Court, Jodhpur has disposed of an appeal filed by CLAT Mentor Navneet Singh Purohit, challenging an ex-parte order of the Trial court imposing teaching restrictions on him, in a civil suit filed by Law Prep Tutorials.
The Trial court had issued a temporary injunction against Navneet Singh, restraining him from running any business/ venture/ teaching service in relation to Law Entrance examination for a period of 2 years in Jaipur and Jodhpur districts, from the alleged date of expiry of the Franchisee Agreement i.e., 02.02.2022.
While disposing of his appeal, the High Court observed that the aforesaid restriction shall only apply qua material, premises, name and anything reflecting "Law Prep". The Court added that this order shall operate till the Trial court makes any fresh orders in accordance with law.
Dr. Justice Pushpendra Singh Bhati observed,
"It is needless to say that the restriction of teaching imposed upon the appellant shall only be pertaining to the material, premises, name and anything reflecting "Law Prep". This order shall operate till the learned trial court makes any fresh orders in accordance with law."
During the course of hearing, Sr. Adv. Ravi Bhansali assisted by Dr. Mohit Singhvi, appearing for the appellant categorically submitted that the appellant shall not use the name, any kind of sign or brochure of the respondent. He further made a statement that the appellant shall not use the study material of the respondent after completion of CLAT examination which is going to be held in June, 2022.
In furtherance, Sr Adv. Kuldeep Mathur assisted by Mr. D.S. Sodha, appearing for the respondent, submitted that in case the appellant is not using respondent's name, brochure or any kind of its indication, then the appellant may be permitted to make a limited use of the study material of the respondent till completion of CLAT.
In this regard, the court accepted the submissions made by the counsel for both the parties. The court also opined that both the parties shall be bound down by the respective assurances given by both the counsel.
The court noted,
"In view of the assurance given by the counsel for the parties, for rest of the reliefs, the appellant shall be at liberty to approach the trial court and seek reopening of the ex-parte case. The trial court shall not get prejudiced by this order and shall pass independent order on merits whenever approached."
The plea filed by Navneet Singh states the trial court passed the ex-parte order without any lawful justification, merely on the basis of wrongful representation and misleading statements made by Law Prep Tutorials. It was argued that the impugned order is ex-facie illegal as the ADJ is barred from exercising its jurisdiction for adjudication of disputes envisaged to be resolved through an arbitral process in accordance with the arbitration clause contained in the Franchisee Agreement.
Navneet Singh had thus urged the High Court to stay the effect and operation of the impugned order until final disposal of the suit. It was prayed that Law Prep Tutorials and its agents be directed to maintain status quo with respect to the rights and duties as enumerated under the Franchise Agreement until final disposal of the Appeal.
Further, it was prayed that the Respondents be restrained from undertaking further defamatory, threatening actions.
The counsels for the appellant include Mr. Ravi Bhansali, Sr. Adv. assisted by Dr. Mohit Singhvi Mr. Shubham Modi,Mr. Tarun Agarwal and Mr. Vishwas Khatri while the counsels for the respondent include Mr. Kuldeep Mathur, Sr. Adv. assisted by Mr. D.S. Sodha and Mr. Ashok Patel (Caveator).
Case Title: Navneet Singh Purohit v. Law Prep Tutorial, Through Proprietor Shri Sagar Joshi
Citation: 2022 LiveLaw (Raj) 180
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