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Showing contexts for: Software Source code in Ms. Raina Kumari vs The Managing Director on 23 September, 2015Matching Fragments
3. Defendant appeared through the counsel and filed the W/S and submitted that the suit is not maintainable, SCCH-22 there is no cause of action. Plaintiff has not approached court with clean hands. Plaintiff is guilty of serious breach of terms and conditions of the contract of employment and committed offence under the IT Act. The plaintiff was working upto 26.06.2012 and resigned, during her employment plaintiff was entrusted with the confidential software data, source codes and development works of clients based in India and abroad. Plaintiff colluded with one Mr. Vivek Kumar employee of defendant and committed offence of theft, criminal breach of trust, hacking of computer data, tampering with confidential electronic, uploading/downloading of electronic data and cheating and have caused the defendant company to suffer valuable loss and plaintiff has made wrongful gain. Due to unethical practices of Vivek Kumar, he was questioned about his association with other companies and he was relieved on 26.06.2012 and immediately all of a sudden plaintiff also requested to be relieved. The defendant requested her to stay and perform all relieving formalities, the plaintiff was SCCH-22 highly abusive and hence she was relieved. The plaintiff has informed that she has to submit all passwords, email addresses, company data and to submit herself to the internal audit and investigation for being eligible to receive full and final settlement. But, she has failed to do so, she has violated provisions of terms and conditions of employment and hence, she is disentitled from claiming any relief. The defendant has initiated criminal proceedings against the plaintiff and her accompliances before the Hon'ble 4th ACMM Court. Defendant is ready and willing to pay arrears only if plaintiff clears all the formalities. He has already paid the PF to the concerned authorities, he has denied all other plaint averments and hence, prays to dismiss the suit.