LAWS(DLH)-2014-10-32

LAL PATHLABS PVT. LTD. Vs. ARVINDER SINGH

Decided On October 15, 2014
Lal Pathlabs Pvt. Ltd. Appellant
V/S
ARVINDER SINGH Respondents

JUDGEMENT

(1.) The applications of the plaintiffs, under Order XXXIX Rules 1 and 2, Order II Rule 2 and Order XXXIX Rule 2A of the CPC and of the defendant no.3 under Order VII Rule 11 and Order I Rules 10 and 13 of the CPC, in this suit for the reliefs of (i) for a decree of permanent injunction restraining the defendants from carrying on any activity / business competing with the business of the plaintiffs in Udaipur; (ii) for a decree of permanent injunction restraining the defendants no.1 & 2 from soliciting and recruiting the employees, clients and doctors of the plaintiffs by inducing them to leave the employment of the plaintiffs and join the defendant no.3; and (iii) for a decree of permanent injunction restraining the defendants no.1&2 from divulging or disclosing confidential and proprietary information of the plaintiffs to any third party or to use such information for their own benefit and to the detriment of the plaintiffs, are for adjudication. While issuing summons of the suit and notices of the applications, vide ex parte ad interim order dated 13th December, 2013 the defendants were restrained from divulging the proprietary information of the plaintiffs to any third party or from soliciting and recruiting employees and doctors of the plaintiffs. The said ex parte ad interim order continues. The senior counsel for the plaintiffs and the counsels for each of the three defendants have been heard on the applications.

(2.) The plaintiffs have instituted the suit pleading:-

(3.) The defendant no.1 has contested the suit, by filing a written statement, inter alia on the grounds:-