9911796707
TMI Blog2005 (3) TMI 799X X X X Extracts X X X X X X X X Extracts X X X X ..... at the defendant was employed by the plaintiff-Company as a Fabric Technologist. Vide an Agreement dated 30th August, 2003, he was appointed as a Client Executive considering his efficiency and work. According to the plaintiff, the Agreement between the plaintiff and defendant provided that during the continuance of his employment, the defendant shall not engage directly or indirectly in any other occupation, business or employment or any similar business or occupation and would not divulge anything which may adversely affect the business of the plaintiff-Company. It was also provided that during his tenure and for three years thereafter, the defendant shall not reveal any trade information of the plaintiff and for a period of two years aft ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cording to the defendant, the Agreement between the parties was determinable in nature and could be terminated by either of the parties by giving one month's notice or one month's salary in lieu thereof. According to him, the defendant was not even allowed to read the said Agreement and had no option but to sign it as he had no bargaining power and was in need of employment. According to him, the Agreement dated 17th July, 2001, between the plaintiff and M/s. Indigo Orient Limited has not been renewed by M/s. Indigo Orient Ltd. and the defendant has not misused nor would misuse his position to cause any loss to the plaintiff. According to him, he did not acquire any confidential information from the plaintiff and as such all the all ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ated even as to what trade secrets or technical know-how was revealed to the defendant which should not be divulged to others. In a business house, the employees discharging their duties come across so many matters, but all these matters are not trade secrets or confidential matters or formulae, the divulgence of which may be injurious to the employer. If the defendant on account of his employment with the plaintiff has learnt some business acumen or ways of healing with the customers or clients, the same do not constitute trade secrets or confidential informations, the divulgence or use of which should be prohibited. 8. After considering the pleadings of the parties and particularly Clauses (6),(7) and (8) of the Agreement dated 30th Au ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... grant of such injunctions. This Court, Therefore, is of the considered view that in case the plaintiff feels that the defendant is in breach of Agreement, the plaintiff may sue him for damages in accordance with law. 10. Accordingly, this Court finds no prima facie case in favor of the plaintiff. The balance of convenience is also more in favor of the defendant who has to make his livelihood by seeking employment in the trade in which he has some experience. No irreparable loss/injury would be caused to the plaintiff as its contract with M/s. Indigo Orient Limited, with whom the defendant is working, has already come to an end by efflux of time and it is not pleaded that the same has been renewed. The plaintiff can be adequately compensa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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