Calcutta High Court
Embee Software Private Limited vs Samir Kumar Shaw & Ors on 28 November, 2014
Author: Arijit Banerjee
Bench: Arijit Banerjee
ORDER SHEET
GA 526 of 2012
With
CS 77 of 2012
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
EMBEE SOFTWARE PRIVATE LIMITED
Versus
SAMIR KUMAR SHAW & ORS.
BEFORE:
The Hon'ble JUSTICE ARIJIT BANERJEE
Date : 28th November, 2014.
Mr.A.Mitra, Sr.Adv.
Mr.J.Chaudhury, Adv.
Mr.S.Banerjee, Adv.
Mr.S.Roy Choudhury, Adv.
Mr.R.Singh, Adv.
Mr.S.N.Mookerjee, Sr. Adv.
Mr.R.Banerjee, Sr. Adv.
Mr.Rajat Dutta, Adv.
Mr.S.Ray, Adv.
The Court: The defendant nos.1 and 2 were employees of the plaintiff.
It appears that the defendants left the service of the plaintiff and the plaintiff filed
the above suit seeking certain restraint orders against the defendants.
2
By an interlocutory order dated 27th March, 2012 this Court
restrained the respondents from soliciting the clients or customers of the plaintiff
so as to induce them to break their contract or their legal relationship with the plaintiff or prevent them from entering into contractual relationship with the plaintiff. This order was passed since in the employment contracts there were covenants restraining the defendants from committing the acts complained of by the plaintiff. However, such restraint was to operate for one year. It is submitted today the one year period has gone by and as such, the interim order has spent its force.
By the interim order the learned Judge has also restrained the defendants from dealing in the programmes, files, data using the source code of the plaintiff.
Mr.S.N.Mukherjee, learned senior Advocate appearing for the defendants states that his clients do not have any programme files or data having such source code and as such the question of his clients dealing in the same does not arise.
In view of the aforesaid nothing remains in this application. The application is, accordingly, disposed of and the interim orders stand vacated to the extent aforesaid.
(ARIJIT BANERJEE, J.) cs/