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8. The II-defendant having enticed I-defendant with a lucrative offer to appoint I-defendant as the Director of Indian subsidiary had got confidential information relating to plaintiff's business. The I-defendant was in contract with II- defendant from August 2008. The II-defendant wants to use confidential information so far furnished by I-defendant as a springboard to set up its operations in India.

9. The plaintiff has sought for following reliefs:-

I. A judgment and decree of permanent injunction restraining the defendants, their agents, servants, contractors or anybody claiming under them from carrying on business in India or carrying on business with, dealing or in any manner transacting with any of the customers of the plaintiff by utilizing confidential information whether in the form of technical data, correspondence and information pertaining to, manufacturing process, marketing plans, offers, pricing, customer list, software, specifications, engineering methods and know-how, consumer grievances, customer solutions, service logs, service history and service feedback pertaining to clients or method of resolving area specific problems.
II. A judgment and decree of permanent injunction restraining the Defendants from utilizing or disclosing confidential information whether in the form of technical data, correspondence and information pertaining to, manufacturing process, marketing plans, offers, pricing, customer list, software, specifications, engineering methods and know-how, consumer grievances, customer solutions, service logs, service history and service feedback pertaining to clients or method of resolving area specific problems. III. A judgment and decree of permanent injunction restraining the 1st defendant from working, dealing with or functioning in any manner or capacity, or carry on business, either with the 2nd defendant or anybody else or independently, in any area or field competing with the Plaintiff's business and restraining the 2nd defendant or its subsidiaries or associated companies from employing or in any manner dealing with or being associated with the 1st defendant and IV. Grant costs."

10. The plaintiff had filed an application under Order 39 Rules 1 & 2 r/w 151 CPC, reading as hereunder:

"For the reasons stated in the accompanying affidavit, it is humbly prayed that this Hon'ble court be pleased to grant an order of temporary injunction restraining the defendants, their agents, servants, contractors or anybody claiming under them from carrying on business in India or carrying on business with, dealing or in any manner transacting with any of the customers of the plaintiff by utilising confidential information whether in the form of technical data, correspondence and information pertaining to manufacturing process, marketing plans, offers, pricing, customer list, software, specifications, engineering methods and know-how, consumer grievances, customer solutions, service logs, service history and service feedback pertaining to clients or method of resolving area specific problems in addition to, pending disposal of the suit on merits, in the interest of justice and equity.

It is not in dispute that first defendant submitted his resignation to plaintiff on 25.03.2009. The first defendant was relieved with effect from 24.04.2009.

24. It is the case of plaintiff that first defendant while in service and also after submitting resignation on 25.03.2009 had transferred from the companies Email ID to his personal Email ID the confidential information relating to plaintiffs business such as technical data, information pertaining to manufacturing process, marketing plans, offers, pricing, customer list, software, specifications, engineering methods and know-how, consumer grievances, customer solutions, service logs, service history and service feedback pertaining to clients or method of resolving area specific problems.