KHS MACHINERY PVT LTD. Vs. VISHNU SHUKLA

JUDGEMENT

(1.) The petition is filed praying for initiating contempt proceedings against the respondents for their alleged willful disobedience of order dtd. 25/7/2018 passed by the Division Bench of this Court in Appeal from Order No.145 of 2018. According to the petitioner, the respondents have been restrained from using the confidential information /software/know-how and business secrets in manufacturing machinery.

(2.) It is a case where some of the respondents were originally in employment of the petitioner, a Private Limited Company and during their employment, they became acquainted with several aspects of the business including technical aspect, which according to the petitioner is highly specialized technology. However, in breach of their agreement, when they parted and opened another company, they used the same technology to manufacture their machinery. For such breach, the petitioner filed Commercial Trademarks Civil Suit No.31 of 2017 (sic-Commercial Civil Suit No.321 of 2016)) in the Commercial Court. The Commercial Court passed order dtd. 9/3/2018 granting injunction in favour of the petitioner. The aforesaid order was subject matter of challenge in Appeal from Order No.145 of 2018, which came to be disposed of by judgment and order dtd. 25/7/2018, confirming the injunction granted by the Commercial Court.

(3.) Learned Senior Advocate for the petitioner took this Court through the order passed by the Commercial Court as well as the order passed in Appeal from Order dtd. 25/7/2018 and submitted that this Court has passed CAV judgment in great detail and confirmed the order of the Commercial Court and therefore, the petitioner has also invoked Article 215 of the Constitution of India. The actions of the respondents would amount to breach of directions of this Court.