§ 7.1-3-3-17 — Cancellation of franchise agreement

The circuit or superior court of the county in
which the licensed premises of a beer wholesaler are located shall have
jurisdiction to enjoin the cancellation or termination of a franchise or
agreement between a beer wholesaler and a brewer in violation of IC 7.1-5-5-9. The action may be brought by a beer wholesaler or brewer
who is or might be adversely affected by the cancellation or
termination. The court, in granting an injunction under this section,
shall provide that the brewer shall not supply the customers or territory
of the beer wholesaler through servicing the customers or territory
through another beer wholesaler or by any other means while the
injunction is in effect. An injunction issued under this section shall
require the posting of proper bond against damages for an injunction
improvidently granted and a showing that the danger of irrevocable loss
or damage is immediate. The beer wholesaler shall continue to service
the accounts of the brewer in good faith during the term of the
injunction.
[Pre-1973 Recodification Citation: 7-2-1-23(b).]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by
P.L.86-2018, SEC.105.