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Straviso India Private Limited vs Mr Swarraj Ashokrao Deshmukh on 30 May, 2022

Author: Navin Chawla

Bench: Navin Chawla

                    $~12
                    *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                    +    CS(COMM) 375/2022
                         STRAVISO INDIA PRIVATE LIMITED              ..... Plaintiff
                                       Through: Mr.Pravin   Anand,   Mr.Shantanu
                                                Sahay & Mr.Apoorv Bansal, Advs.

                                                 versus

                             MR SWARRAJ ASHOKRAO DESHMUKH                            ..... Defendant
                                         Through: Nemo.

                             CORAM:
                             HON'BLE MR. JUSTICE NAVIN CHAWLA
                                               ORDER

% 30.05.2022 I.A. 8750/2022 (Exemption)

1. Allowed, subject to all just exceptions.

2. This is an application filed on behalf of the plaintiff seeking to file additional documents.

3. The plaintiff may file the additional documents strictly in accordance with the law.

4. The application stands disposed of.

CS(COMM) 375/2022

5. Let the plaint be registered as a Suit.

6. Issue summons to the defendant to be served on the defendant through all permitted modes, upon the plaintiff taking requisite steps in that regard.

7. The summons to the defendant shall indicate that the written statement to the plaint shall be positively filed within a period of thirty days Signature Not Verified Digitally Signed By:SHALOO BATRA Signing Date:31.05.2022 11:37:34 from the date of receipt of summons. Along with the written statement, the defendant shall also file the affidavit of admission/denial of the documents of the plaintiff, without which the written statement shall not be taken on record.

8. Liberty is given to the plaintiff to file a replication within a period of fifteen days of the receipt of the written statement. Along with the replication, if any, filed by the plaintiff, the affidavit of admission/denial of documents of the defendant be filed by the plaintiff, without which the replication shall not be taken on record. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the timelines.

9. List before the Court on 6th September, 2022.

10. Issue notice to be served on the defendant through all modes, returnable on 6th September, 2022. Reply, if any, be filed within a period of four weeks. Rejoinder thereto be filed within a period of four weeks thereafter.

11. It is the case of the plaintiff that the defendant was working as a Senior Software Developer with the plaintiff company. The employment agreement between the parties, inter alia, provided for return of all records, documents, plans, letters, papers, computer files etc. by the defendant to the plaintiff, including all copies of or extracts from such material, on the termination of employment of the defendant. By the employment agreement, the defendant further acknowledged the exclusive ownership of the plaintiff to all employee developments and other copyrightable material generated or developed by the defendant under the terms of the employment. In this Signature Not Verified Digitally Signed By:SHALOO BATRA Signing Date:31.05.2022 11:37:34 regard, the learned counsel for the plaintiff has drawn my attention to Clause 2.2 of the employment agreement. He further draws my attention to Clause 3.1 of the employment agreement to submit that the defendant was bound not to use the trade secrets and confidential information and protect the company's proprietary rights in any information that the defendant receives in the course of his employment. The other Clauses of the employment agreement are also referred.

12. It is further the case of the plaintiff that by an e-mail dated 09.03.2022, the HR Director of the plaintiff company informed the defendant about the exit steps, including return of the company's assets. It was stipulated that 09.03.2022 will be the last date for working of the defendant with the plaintiff company. However, it was only on 13.03.2022 that the defendant submitted his resignation, and on 14.03.2022, the defendant returned the company's laptop to the plaintiff company.

13. The plaintiff asserts that it has thereafter got a Digital Forensic Analysis conducted by Cybermate Forensics & Data Security Solutions Pvt. Ltd., which has, in its reports dated 21.04.2022 and 26.04.2022, inter alia, opined as under:

"While analyzing the Exhibit handed over to us by M/s. Straviso India Pvt. Ltd., as per the scope of work, we found the following:

1. As per the scope mentioned, we found that this there are few instances of file deletion. After analyzing the same, we ascertained that the deleted files are system generated files / files deleted during formatting an operating system.

Other than this, we have found few files in the recycle bin along with date & time of deletion & path of original file. (List of deleted files have been annexed herewith as Annexure "C"

& "C_1".) Signature Not Verified Digitally Signed By:SHALOO BATRA Signing Date:31.05.2022 11:37:34

2. As per the scope mentioned for USB flash drives / Mass Storage drives, we found that there were few instances where Apple Company's any one iPhone 5/5C/5S/6/SE model has been attached. (List of USB logs have been annexed herewith as Annexure "D".)

3. As per the scope mentioned, for Uploading of any files to any cloud - sharing website, it can be seen that on 13th March, 2022 around 12:17 hours IST onwards, there are instances where personal Gmail address "[email protected]" has been accessed. Once that is accessed, "Google Drive" a cloud - sharing website is opened & also there is a folder in the same drive namely "Straviso". (List of web history has been attached herewith as Annexure "E".)

4. Also, if seen in another image attached, we can see that on 09th March, 2022, around 19:15 hours IST, there is title for the website namely "StraViso_FileBackup."

14. It is pleaded that the defendant seems to have formatted the operating system, thereby permanently deleting more than 60,000 files / data stored in the laptop belonging to the plaintiff company. The plaint further asserts that it has strong reasons to believe that the defendant, in this manner, has gained unauthorized access to the computer files / data belonging to the plaintiff into his Google Drive folder named "Straviso" and/or his Iphone, which he may use for unauthorized purpose.

15. Having considered the contents of the plaint, the documents annexed thereto, and after hearing the submissions made by the learned counsel for the plaintiff, in my opinion, the plaintiff has been able to make out a good prima facie and the balance of convenience is also in favour of the plaintiff and against the defendant. The plaintiff is likely to suffer grave irreparable Signature Not Verified Digitally Signed By:SHALOO BATRA Signing Date:31.05.2022 11:37:34 loss in case an ad-interim order is not granted in its favour.

16. Accordingly, the defendant is restrained from, in any manner using, transferring, further copying, distributing, offering for sale, and in any other manner, directly or indirectly, indulging in data theft, dealing in Plaintiff's trade secrets in inter alia the computer files transferred by the Defendant from the plaintiff company's laptop to his personal Google Drive or any other data storage device/portal/cloud or anywhere else.

17. Compliance with Order XXXIX Rule 3 the Code of Civil Procedure, 1908, be made within one week from today.

18. List on 6th September, 2022.

19. Dasti.

NAVIN CHAWLA, J MAY 30, 2022/rv/U. Signature Not Verified Digitally Signed By:SHALOO BATRA Signing Date:31.05.2022 11:37:34