AIREF ENGINEERS (P) LTD. Vs. VINOD SHETTY

JUDGEMENT

(1.) THIS is a suit for permanent injunction to restrain the defendant and all others acting on his behalf from committing breach of contract, misuse of confidential information, know -how, misappropriation of plaintiff's trade secrets amounting unfair competition, damages, rendition of accounts and delivery up.

(2.) THE plaintiff's case is a company registered under the Companies Act. This suit has been filed through its Managing Director who has been duly authorised to do so. The plaintiff claims to be engaged in the business of providing solutions for multidisciplinary engineering services. It offers sales, service, maintenance, repair and installation of new high efficient hearing and air conditioning systems, engineering and preparing layout blueprints of such systems depending upon complex and varied client requirements. In addition to Central Air Conditioning & Heating, the plaintiff claims to have a long standing experience and expertise in various other services such as Building Automation System, Water Supply & Plumbing, Captive Power Supply & Generation, Fire Righting & Detection, Security, Surveillance & Access Control, Ventilation, Pneumatic Systems, Internal & External Electrification, Shock & Vibration Isolation, Geotechnical Instrumentation, Building and Road works etc. The plaintiff claims to have over 20 years of experience, when the suit was filed, and technical expertise to handle big government projects and that they are competent to be entrusted with essential information and trade secrets that are confidential in nature. The plaintiff's customers include National Projects Construction Corporation Limited (NPCC) and Engineers India Limited, CPWD, RITES, AAI and PWD of various states. The nature of the work entrusted to the plaintiff requires them to safeguard all information which is given to them by their clients. Consequently, non -disclosure of confidentiality is an essential aspect for the services rendered by the plaintiff. In turn, each employee of the plaintiff is bound by a non -disclosure and confidentiality contract with the plaintiff company to protect such information and to maintain secrecy.

(3.) THE secrecy clause in the appointment letter reads as under: