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8. The Applicant had a subcontract with one Hewlett-Packard India Sales (P) Limited (HP), acting on behalf of Bank of Baroda, by which the Applicant had licensed some of its own software products along with other third party software products, for which the Applicant was providing support services to the Applicants customers. Pursuant to this, the Respondent was provided specialized training by the Applicant on the software products of the Applicant and other licensed third party software products and the Applicant for this purpose had disclosed the source code of the Applicants software products and other licensed third party software products and the computer software programs developed by the Applicant to customize these software products in the customer environment, including the software and hardware used by the customer, more specifically, Bank of Baroda, and the Respondent was posted as Project Associate, on-site in Bank of Baroda for providing on-site technical support from December 1, 2008 his resignation from the services of the Applicant.

10. Contrary to the terms and conditions of the Said Agreement, which specifically contain clauses necessitating maintenance of confidentiality of the Applicants proprietary and confidential information, the Respondent has grossly violated and continues to violate the terms and conditions of the Said Agreement by disclosing and/or divulging the confidential and proprietary information and trade secrets of the Applicants business, software, technical know-how and confidential customer information, by joining a business partner company, namely mPhasis. Respondent has been posted on-site at Bank of Baroda by mPhasis, by virtue of which, the Respondent is disclosing and/or divulging the confidential and proprietary information of the Applicant, including but not limited to the source codes, computer software programs of the Applicant, that were disclosed on a need-to-know basis to the Respondent during training and for providing customization and support services to the Applicants customer, while the Respondent was in the employment of the Applicant, resulting in misuse of the same by third parties, thereby causing irreparable harm to the Applicant. These acts of the Respondent in not only joining a customer/business partner of the Applicant but also in disclosing and/or divulging the confidential and proprietary information of the Applicant is in clear violation and breach of the Said Agreement.