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2. In support of the prayer, it is pleaded as under:

1. I am the Head  HR of the Applicant Company and as such I am well acquainted with the facts of the case.
2. The Applicant is a private limited company incorporated under the Companies Act 1956. The Applicant carries on business, inter alia, of providing Online, Real time, electronic transaction processing and switching for financial and non-financial transactions from/to multiple delivery channels and payment systems and co-networks including Automated Teller Machines (ATMs), Point of Sale terminals (PoS), ATM deployment and management, ATM sharing between banks, International and Domestic interchanges such as MasterCard, Visa and others. The Applicant also provides Value Added Services viz., Mobile top-up, Utilities Bills payments etc. as an Application Service Provider (ASP) to various banks and financial institutions. The Applicant would not only license the software products but also provide support services like customization and production support. The Applicant had to offer the software products of the Applicant and other licensed third party software, as a comprehensive package comprising not only of software license and maintenance but also other value additions like on site technical support, customization, production support, etc. As a consequence, the Applicant has employed numerous technical people, trained them on the software, the customer environment, which includes customers hardware, software, system architecture etc., and other technical and/or non technical aspects of the Applicant, which by its very nature confidential and thus created a good knowledge base for providing various services to its customers like on site technical support, customization, production support, etc. Therefore it was necessary that the Applicant had to enter into a Confidentiality and Invention Assignment Agreement with its employees to protect the confidential and proprietary information of the Applicant, licensed third party software products and that of its customers, which mainly includes banks and other companies.
4. Further implementation of the software and provision of the required support services requires detailed understanding of not only the products and services of the Applicant and other third party licensed software products, but also the customer environment including the existing customizations provided by FSS to the customer, system architecture of the customer, and other confidential information of the customers, which the Applicant was legally bound to protect under various agreements entered into with the customers and other third parties for their software products. This required the Applicant to provide the confidential information about the third party software products, its customer banks, personal data, and customer environment to the employees on a need-to-know basis to enable the employees to provide the deliverables to the Applicants customers.
5. The Applicant offers the software products as a comprehensive package consisting of its software license, other third party software products, maintenance and other value additions as part of the sub-license and other related agreements with its customers. Therefore in order to meet the customer requirements for an integrated end-to-end payments solutions system, the Applicant was required to make significant and substantial investments in people and infrastructure, which investments have been actually made by the Applicant to train its people, do continuous research in fine tuning the software products, in customizations, etc.

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.