ARNAUD DESCAMPS Vs. ONMOBILE GLOBAL LIMITED

JUDGEMENT

(1.) Heard the learned counsel for the appellant-defendant and the learned counsel for the respondent-plaintiff.

(2.) This miscellaneous first appeal is filed challenging the order dtd. 17/2/2022 passed on I.A.No.1 in O.S.No.2751/2020 on the file of the LVIII Additional City Civil and Sessions Judge, Bengaluru City (CCH No.59), allowing I.A. No.1 filed under order 39, Rule 1 and 2 read with Sec. 151 of C.P.C. restraining the defendant, including his representatives, his agents from making any statement, remarks and/or imputations against the plaintiff and its management in any social media, public forum and before any other entities, until disposal of the suit.

(3.) The factual matrix of the case of the plaintiff before the Trial Court is that the defendant is an en-employee of the plaintiff company and was employed with the plaintiff from 9/1/2007 till 12/4/2013. The defendant during his employment with the plaintiff failed to perform his duties promptly, which left the plaintiff company with no option but to legally terminate the defendant with effect from 12/4/2013. In the year 2015, the defendant filed a case before the Labour Court, Paris against the plaintiff claiming damages for restraining the defendant from exercising his options under Employee Stock Option Plan ('ESOP' for short). In this regard, the French Labour Court rightly dismissed the claim of the defendant against the plaintiff dtd. 18/10/2018. It is also contended that the defendant had filed a revision petition before the Court of appeal challenging the findings and the same was also dismissed vide order dtd. 12/9/2019. The defendant also made desperate attempts to initiate false and frivolous proceedings against the plaintiff by submitting a Whistleblower complaint before the Whistleblower Committee of the plaintiff company on the same grounds and the Committee considering that the said concern is a subjudice matter being considered and await orders of the Labour Court, Paris, directed the defendant to act in accordance with the observations and findings of the said Labour Court.