LAWS(DLH)-2019-9-380

MODICARE LIMITED Vs. GAUTAM BALI

Decided On September 23, 2019
Modicare Limited Appellant
V/S
Gautam Bali Respondents

JUDGEMENT

(1.) The adjudication hereunder is on the subject, "whether to a claim founded on tort of unlawful interference with business, as distinct from a claim based upon a contract, Section 27 of the Contract Act, 1872 does not apply".

(2.) The plaintiff instituted CS (COMM) No. 763/2016 for, (I) permanent injunction restraining its ex-employees and the businesses set up by them from (a) using the plaintiff's databases and database relating to consultants, resulting in infringement of plaintiff's copyright; (b) acting as selling agents; (c) using any proprietary or confidential information of the plaintiff including the financial models and rewards systems practiced by the plaintiff; (d) committing breach of contract; and, (e) enticing the customers and other consultants in the marketing network of the plaintiff; and, (II) rendition of accounts and recovery of damages.

(3.) CS (COMM) No. 764/2016 has been instituted by the same plaintiff against seven defendants all of which are also defendants in CS (COMM) No. 763/2016, for permanent injunction restraining the defendants from defaming the plaintiff and for recovery of compensation for defamation.