bone of contention between the parties, reads as under:
5. Non-Solicitation of Employees:
Both parties agree that for a period of two (2) years ... incorporate the 'non hire' clause. According to Mr Arun Mohan, 'non hire' clause was entirely different from a non-solicitation clause
Embassy Group at the time when
the transaction took place. A Non-Solicitation and Fee Agreement was
executed between plaintiff and defendant in order ... Solicitation and Fee Agreement
dated 23.04.2014, relevant portion of which reads as follows:-
"3. In consideration of the foregoing and the Non-
Solicitation
Contract Act, it remains to be considered
as to whether the non-solicitation clause in question amounts to a
restraint of trade, business or profession ... held to be
solicitation, but, the respondent would be liable to
compensate the petitioner for such breach of the non-
solicitation clause, if so established
simple agreement of non-solicitation of employees/customers; but it is a non-disclosure agreement coupled with non-solicitation. Both are integral part ... that inspite of entering into a non-disclosure agreement, respondent have solicited customers and pursuant to such solicitation they have actually supplied castings. When there
defendants 6 to 16 and 18 and 20 have executed similar non-solicitation agreements which were to remain in force for a period ... This 2005 contract had three restrictive covenants:
(i) non-compete,
(ii) non solicitation of employees and
(iii) non solicitation of customers.
30 It is submitted
stated to be in total violation of clauses
pertaining to non-solicitation and non-compete obligations as mentioned
under the MoS. The former promoters ... with the present
MOS, separate Share Purchase Agreement containing Indemnity,
non-disclosure, non-Compete and non-Solicitation, and Share
Transfer Forms are being executed with
non-solicit clause under Clause 15 of the SHA. Clause 15 reads as
under:-
"15. NON-COMPETE AND NON-SOLICIT
OBLIGATIONS:
1. Unless otherwise ... Claimant No. 2 (as
would infringe the 'non-compete and non-solicit
obligations', contained in Clause 15 of the 'Shareholders
Agreement
Appellant.
5. The Employment Agreement contained a Non-Solicitation and Non-
Compete Clause. The Non-Solicitation and Non-Compete Clause is as
follows ... Non-solicitation and Non-Compete
2.16 The Employee shall not, directly or indirectly, either as an
individual on his/her own account
relating to place of
work, notice period, duties, hours of work, non-solicitation, non-
compete and survival. It is further averred that in order ... defendant agreed by non-solicitation
clause 7 and non-compete clause 10 of the agreement, which reads
thus:
7. Non-Solicitation & Non Compete
Subsequent
Shareholders Agreement
(Exhibit-A to the petition) i. e. the
non compete and non solicitation clause.
The petitioner by the present petition is,
therefore, desirous ... with Non Compete & Non Solicitation and
the said clause is reproduced hereunder.
12. Non Compete & Non Solicitation
12.1: The Shareholders covenant that
during
