NAVIGATORS LOGISTICS LTD Vs. KASHIF QURESHI & ORS

JUDGEMENT

(1.) The plaintiff instituted this suit against as many as twelve defendants, pleading-

(2.) On the aforesaid pleas, the plaintiff have sought the reliefs of, (i) permanent injunction restraining the defendants from violating the plaintiff's copyright in its original literary and artistic works and the plaintiff's confidential data information and trade secrets resident in the electronic devices of the plaintiff handed over to the defendants during the course of their employment with the plaintiff; (ii) permanent injunction restraining the defendants from carrying out any business with the copyright material belonging to the plaintiff; (iii) permanent injunction restraining the defendants from creating any third party rights in the copyright material of the plaintiff; (iv) permanent injunction restraining the defendants from disclosing the confidential information and data of the plaintiff to any other person; (v) permanent injunction restraining the defendant nos.1 to 8 from competing with the plaintiff for a period of one year; (vi) mandatory injunction directing the defendant nos.1 to 8 to disclose to the Court the use made by them of the copyright material of the plaintiff; (vii) mandatory injunction directing the defendants no.1 to 8 to hand over the data and other confidential information of the plaintiff to the plaintiff; (viii) rendition of accounts; and, (ix) recovery of Rs. 1,50,00,000/- jointly and severally from all the defendants.

(3.) The suit came up before this Court first on 3rd June, 2016 when, while issuing summons of the suit, vide ex parte ad interim order the defendants were restrained from, in any manner, utilizing, exploiting, copying, transmitting, publishing or releasing any confidential information and trade secrets of the plaintiff to any entity for any purpose whatsoever. On application of the plaintiff, commissions were also issued to visit the premises of the defendants, to scan the computer systems and emails of the defendants and locate the documents which had originated from the plaintiff and to seize the computer systems if the same were found to contain confidential information or trade secrets of the defendants. The said order was partly modified on 10th June, 2016 on the asking of the plaintiffs.