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3. Summons were issued in the suit on 28.09.2018. Upon being served, Defendants filed their written statements and subsequent thereto replications have been filed by the Plaintiffs. Most of the parties have filed their affidavits of admission and denial of documents. Issues are yet to be framed in the suit.

4. It is Plaintiffs' case that Defendants No. 4, 6, 8, 10, 12 and 14 to 19 are ex-employees of Plaintiffs No. 1 to 4 and during the course of their employment, they had access to and acquired significant knowledge of Plaintiffs' proprietary software 'HealthBuzz', its source code and all other confidential data and trade secrets. Misusing confidential information, source code, trade secrets etc., Defendants clandestinely set up competing business entities in March, 2016, while they were employed with the Plaintiffs. Taking undue advantage of their association with the Plaintiffs, Defendants also resorted to diverting clients and business of the Plaintiffs to Defendants No. 1 to 3 and created a counterfeit software of 'HealthBuzz'.

(ll) Addendum Agreement executed between Plaintiff No 1 and Liberty demonstrating the resumption of services by the Plaintiffs. (mm) Screenshots of the TPA claims system that was initially provided by the Plaintiffs to Liberty.

(nn) Screenshots of the HealthBuzz - Claims System supplied by the Defendants to Liberty, which the Plaintiffs accessed while providing Neutral Citation Number: 2022/DHC/004831 (oo) Screenshots of the source code of HealthBuzz software disclosing references to Defendant No 1, which the Plaintiffs accessed while providing services to Liberty.

Neutral Citation Number: 2022/DHC/004831 Plaintiffs have broadly referred to the infringing activities of the Defendants, recently discovered by the Plaintiffs, in paras 44 to 93 of the plaint and it is neither necessary nor was feasible or even possible to have pleaded in the plaint about the infringing activities of the Defendants relating to every Insurance company, with whom they have been or are dealing and using 'HealthBuzz'. These documents have also become relevant on account of the averments in the written statements, where Defendants have denied having any access to data, documents, source code or confidential information of the Plaintiffs. Defendants have also denied that they had abused the faith reposed in them or cheated the Plaintiffs or siphoned of Plaintiffs' business while being employed with them and have instead stated that they were free to enter into a contract for managing the Plaintiffs software 'HealthBuzz'. The additional documents sought to be placed on record will evidence that contrary to the stand in the written statements, Defendants have continued to infringe, by supplying the HealthBuzz- Claims System to one of Plaintiffs' clients, which was impossible without accessing Plaintiffs' proprietary software and copyrighted source code.

25. Documents (kk) to (oo) relate to the HealthBuzz-Claims System supplied by the Defendants to Liberty. It is the stand of the Plaintiffs that the infringing activities of the Defendants are continuing, contrary to the stand in the written statements that they have no access to data, documents, source code etc. of the Plaintiffs. Additionally, Defendants have also stated that they are free to enter into a contract for managing the Plaintiffs' software HealthBuzz. These documents would demonstrate that Defendants have supplied the HealthBuzz-Claims System to one of Plaintiffs' clients i.e. Liberty, after the filing of the suit, which could not have been done without having Plaintiffs' proprietary software and copyrighted source code and in this context the Software License and Support Agreement dated 16.12.2014 entered between the Plaintiffs and Liberty becomes relevant. Documents are not to make out a fresh cause of action, as alleged by the Defendants and there are substantial pleadings in the plaint that Defendants are continuing to infringe.