CONVERGYTICS SOLUTIONS PVT. LTD Vs. RANDHIR HEBBAR

JUDGEMENT

(1.) This order shall dispose of two applications, namely, LA. 7119/2021 under XXXIX Rules 1 and 2 CPC filed by the plaintiffs seeking interim relief and the application LA. 8364/2021 under Order VII Rule 11 CPC filed by the defendants No.l and 2 seeking rejection of the plaint.

(2.) Since the opposition by the defendants No.l and 2, to the grant of interim injunction in favour of the plaintiffs, is premised on the stand taken in the application under Order VII Rule 11 CPC, namely, that this Court has no jurisdiction, and the suit is barred by law, it is considered appropriate to dispose of both the applications by this common order, the contentions being common.

(3.) Before proceeding further, certain facts may be noted. The suit has been filed for damages and permanent and mandatory injunction, inter alia seeking to restrain Defendants Nos.l and 2 from making defamatory statements and spreading malicious falsehoods, committing unlawful and tortious interference with the business of the plaintiffs and indulging in breach of privacy of the plaintiffs and its employees. The plaintiff No.l, Convergytics Solution Pvt. Ltd. is a duly incorporated company acting through it's CEO and Managing Director. The plaintiff No.2, Sanjeev Mishra is the co-founder and Managing Director of the Company and leads the Analytical Solution Department at the company as well as Clients Engagement and Delivery. Plaintiff No.3, Santosh Vithal Rao Atre is an Executive Vice President Client Engagement (US accounts) and hence, leads the account management and heads the new business development for the company. It is further claimed that plaintiffs No.2 and 3 together comprise the majority share-holders of the company.