ABHINAV GUPTA Vs. JCB INDIA LIMITED

JUDGEMENT

(1.) THE challenge in the present appeals is to the common impugned order dated 25.8.2008 in terms whereof the applications filed by the appellant/defendant under Order 7 Rule 11 CPC has been dismissed.

(2.) SITTING as an Appellate Court, we need not again re-write the entire reasoning as contained in the impugned order and with which we fully agree. However, in gist, the facts and issues which have been decided by the learned Single Judge in the impugned order are that :-

(3.) IN view of the averments so made in the plaint, the respondent No.1/plaintiff sought the relief of perpetual injunction against the appellant from infringing the copyright of the respondent no.1 in the confidential information, data, designs, drawings and other related materials constituting the trade secrets of the plaintiff company relating to the plaintiff business of manufacturing of its machinery. Besides other related reliefs of injunction, mandatory injunction was sought to return the misappropriated information and other confidential data, copyright material etc. Rendition of accounts was also sought and also a decree for damages.