Delhi High Court - Orders
Concertina Coils Private Limited And ... vs Navdeep Sharma & Anr on 1 April, 2026
$~29
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P.(I) (COMM.) 137/2026
CONCERTINA COILS PRIVATE LIMITED AND ANR &
ANR. .....Petitioners
Through: Mr. Uttam Datt, Sr. Adv. with
Ms. Petal Chandhok, Ms.
Ritwika Nanda, Mr. Veer
Vikram Singh & Ms. Sonakshi
Singh, Advs.
versus
NAVDEEP SHARMA & ANR. .....Respondents
Through:
CORAM:
HON'BLE MR. JUSTICE HARISH VAIDYANATHAN
SHANKAR
ORDER
% 01.04.2026
1. The present Petition has been filed under Section 9 of the Arbitration and Conciliation Act, 1996 ["Act"] seeking the following reliefs:
"A. Pass an ad interim ex parte injunction and/or upon notice an interim injunction, restraining Respondent No. 1 (Navdeep Sharma) and Respondent No. 2 (Pankaj Kumar), their servants, agents, employees, representatives, nominees, and associates, directly or indirectly, in any capacity whatsoever, approaching, soliciting, contracting with, or otherwise dealing, directly or indirectly, in any manner whatsoever, with any of the following existing or prospective clients of the Petitioners, including but not limited to in relation to the Jindal Mmamabula Energy Project and allied works, pending the constitution of the Arbitral Tribunal and until the conclusion of arbitral proceedings: (i) Power Plant Engineers Ltd.; (ii) Jindal Energy Botswana Pty. Ltd.; (iii) Mata! Ventures Pty. Ltd.; (iv) Jay Cee Bee Plant Hire Pty. Ltd. (t/a Shumba Plant Hire); (v) EH Constructions; (vi) Rakaru Investment Pty. Ltd.; (vii) Shymal; (viii) Transrail; (ix) Tecknow'; and (x) Any This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/04/2026 at 20:53:14 other existing or prospective client of the Petitioner and/or MIPL whose identity, contact details, or business information was obtained by the Respondents during the course of their engagement with the Petitioner; and B. Pass an ad interim ex parte injunction and/or upon notice an interim injunction, restraining the Respondents, their entities, servants, agents, employees, and representatives from disclosing, using, exploiting, or otherwise dealing with any Confidential Information of the Petitioner ( as defined in Clause 5 of the Principal Agreement and the respective Engagement Letter, as the case may be ) including but not limited to: client data , contact details, rate quotations, project plans, business strategies, and operational information, pending the constitution of the Arbitral Tribunal and until the conclusion of arbitral proceedings: and C. Pass an ad interim ex parte injunction and/or upon notice an interim injunction, restraining the Respondents from making any statements, representations, or communications, whether oral , written, electronic, or otherwise, to the Petitioner's clients, business associates, or any third parties in any manner whatsoever;
D. Direct the Respondents to forthwith return all documents, data, materials, and any other physical or electronic items belonging to the Petitioners that are in their possession, custody , or control, including but not limited to : client contact details, project data, operational manuals, rate schedules, and any communications with the Petitioner's clients; and E. Direct the Respondents to furnish an undertaking before this Hon'ble Court that they shall comply with their contractual obligations under their respective engagement agreements, including non-solicitation and confidentiality and in terms of Clause 8 (Respondent No. 1) and Clause 9 (Respondent No. 2); and F. Pass any such further or other orders/ directions as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case;"
2. Learned counsel appearing on behalf of the Petitioner submits that the Respondent No. 1 is in breach of the Letter of Engagement dated 22.04.2025 and in particular Clauses 3.4 and 8.1(b) which reads as follows:
"3. Representation & Warranties 3.4 You represent and warrant that you will not make This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/04/2026 at 20:53:14 any public statement on social media or otherwise disparaging the Company regarding your relationship or the terms of this Letter of Engagement.
8. Non-solicitation 8.1 You hereby agree and undertake that during the term of your engagement with the Company and for a period of one (01) year following the date of termination of your engagement, you shall not, directly or indirectly, either as an individual on your own account or as a partner, proprietor, employee, consultant, advisor, principal, agent, contractor, director, member, representative, shareholder, manager, trustee, committee member, office bearer or in a similar capacity or function, do any of the following activity:
(b) the existing or prospective patients/clients of the Company and/or any Person or organization with whom the Company is in advanced stages of exploring a professional or business relationship, to entice such clients or organization away from the Company or to damage in any way their business relationship with the Company or for the provision of substantially the same services provided to such clients by the Company."
3. Issue notice.
4. Upon the Petitioner taking appropriate steps, let notice be issued to the Respondent, through all permissible modes, returnable within a period of two (02) weeks from today.
5. Reply, if any, be filed within a period of 10 days.
6. Rejoinder, if any, be filed within a period of 3 days thereafter.
7. Accordingly, list on 20.04.2026.
HARISH VAIDYANATHAN SHANKAR, J.
APRIL 01, 2026/ v/dj This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/04/2026 at 20:53:14