FITZEE LTD Vs. BRILLIANT TUTORIALS P LTD

JUDGEMENT

(1.) This is a suit for permanent injunction.

(2.) The plaintiff company is engaged in imparting specialized coaching to students for the purpose of enabling them to get through JEE examination conducted by various IITs all over the country. The plaintiff claims to have attained immense goodwill and reputation on account of constant good results in the aforesaid examination. The plaintiff company has been appointing faculty members for conducting class room training and coaching of students. It is claimed that the faculty members are given training so as to maintain uniform standard of teaching, culture etc., which is imparted on regular basis. It is further claimed that the training to the faculty members includes lectures by the persons possessing high skill and expertise, who give teaching tips to the faculty members, and is imparted for a minimum period of three months. The plaintiff company claims to be incurring substantial expenditure on the aforesaid training.

(3.) Defendant No. 1 is also a company engaged in coaching the students, who want to appear in JEE examination conducted by IITs. Defendant No. 1 also imparts coaching to students for other competitive examinations such as IIT-JEE, AIEEE, MBBS, IAS etc. It has been alleged by the plaintiff that defendant No. 1 has o infrastructure to train faculty and is dependent on the trained faculty members of the plaintiff company and, therefore, it has been indulging in poaching so as to take away trained faculty members of the plaintiff company in the middle of sessions leaving the students in a lurch and causing immense loss to the plaintiff company. It is alleged that besides offering lucrative salary package and other monetary benefits, defendant No. 1 also represents the faculty members of the plaintiff that their chances of growth are minimal with the plaintiff company.