Delhi High Court - Orders
Dsm Fresh Foods Pvt. Ltd vs Ankur Gupta & Ors on 12 October, 2022
Author: Amit Bansal
Bench: Amit Bansal
$~8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 141/2020
DSM FRESH FOODS PVT. LTD. ..... Plaintiff
Through: Mr.Bharat Monga, Ms.Misha Rohtagi
Mohta and Mr.Nakul Mohta,
Advocates.
versus
ANKUR GUPTA & ORS. ..... Defendants
Through: Mr.Raj Shekhar Rao, Sr.Advocate
with Mr. Prasouk Jain, Ms.Rabiya
Thakur and Mr.Anurag Sharma,
Advocates.
CORAM:
HON'BLE MR. JUSTICE AMIT BANSAL
ORDER
% 12.10.2022
1. On the basis of the pleadings of the parties, following issues are framed:
(i) Whether the plaint is based on any confidential/sensitive information of the plaintiff and if yes, which is the said confidential/sensitive information?
(ii) Whether the plaintiff is entitled to decree of permanent injunction against the defendants, restraining them from disclosing, misappropriating, dealing, etc. with the confidential and sensitive information of the plaintiff? OPP
(iii) Whether the plaintiff is entitled to decree of permanent injunction against the defendants restraining them from running Signature Not Verified Digitally Signed By:AMIT BANSAL CS(OS) 141/2020 Page Signing1Date:13.10.2022 of 4 13:34:11 the business of Gram Foods Pvt Ltd or any other similar business which is in direct competition with the business of the plaintiff? OPP
(iv) Whether the plaintiff is entitled to a decree against the defendants directing them to render accounts of the profits earned and awarding such account of profits in favour of the plaintiff during the period of illegal use of plaintiff's confidential information? OPP
(v) Whether the non-solicitation/non-compete clause is binding on the defendants?
(vi) Whether the defendant nos. 1 to 6 have breached the terms of their employment with the plaintiff and in particular, the obligation relating to non solicitation and misuse of confidential and sensitive information? OPP
(vii) Whether the plaintiff is entitled to an order/decree of delivery or destruction of all the copies of all the confidential and sensitive information in possession of the defendants including their officers, directors, employees, representatives etc.? OPP
(viii) Whether the plaintiff is entitled to a decree of damages against the defendants? OPP
(ix) Whether the defendants/counter claimants are entitled to their counter claim? OPP
2. No other issue arises or is pressed for.
3. Evidence by way of affidavit be filed by the parties within four weeks.
4. With the consent of the counsels for the parties Ms.Seema Dolo, Signature Not Verified Digitally Signed By:AMIT BANSAL CS(OS) 141/2020 Page Signing2Date:13.10.2022 of 4 13:34:11 Advocate (Mobile No.9711234081) is appointed as the Local Commissioner to record evidence in the matter. The following directions are passed in this regard:
I. The fees of the Local Commissioner is fixed at Rs. 1,00,000/- on the basis that the recording of evidence shall be concluded in eight sittings. If more than eight sittings are held, the Local Commissioner shall be paid a fees of Rs.15,000/- per sitting. II. Fees of the Local Commissioner shall be borne equally by both the plaintiff and the defendant.
III. The Local Commissioner shall carry out the recording of evidence from within the High Court precinct.
IV. In case any adjournment is taken by one of the parties, the said party shall bear the costs of the said sitting. The Local Commissioner shall decide whether the adjournment is on account of the party/parties.
V. In case of requirement of Court file, the Registry shall make the arrangements to send the Court file for the sitting before the Local Commissioner, and Rs.1,000/- is fixed towards the fees to be paid to the Court Staff to carry the Court file, which shall be shared equally by both the plaintiff and the defendant. VI. The parties to approach the Local Commissioner on 14th November, 2022 at 04.30PM, for fixing dates for recording of evidence and executing the present commission. VII. The Local Commissioner is requested to complete the recording of evidence of the parties within six months from the aforesaid date. VIII. The parties shall provide full assistance to the Local Signature Not Verified Digitally Signed By:AMIT BANSAL CS(OS) 141/2020 Page Signing3Date:13.10.2022 of 4 13:34:11 Commissioner for recording of evidence.
5. List before the Joint Registrar for monitoring of evidence on 17th May, 2023.
6. A copy of this order be sent to the Local Commissioner.
AMIT BANSAL, J
OCTOBER 12, 2022
sr
Signature Not Verified
Digitally Signed By:AMIT
BANSAL
CS(OS) 141/2020 Page
Signing4Date:13.10.2022
of 4 13:34:11