RADHAKRISHNAN GURUSAMY Vs. M. R. VINIT SRIVASTAVA

JUDGEMENT

(1.) The petitioners have come before this Court against the summons issued by the XVIII Magistrate, Saidapet, Chennai in C.C. No.7725/17, in response to the complaint of defamation made by the respondent herein alleging defamation against the petitioners in relation to the written arguments submitted by them before the Arbitrator in the arbitration proceedings.

(2.) It is the case of the respondent herein that he was employed in M/s.Technosoft Global Services Pvt. Ltd. (hereinafter called the ' ompany') in which the 1 st petitioner was the Chairman and the 2 nd petitioner was the Chief Business Officer. The respondent was employed as the Vice President of the company on 5.4.2010 and functioned as such till 5.9.2014. It is the averment of the respondent herein in the complaint that he had rendered satisfactory service during his tenure with the company and was considered to be a big asset to the company and was respected by his superiors and subordinates. However, due to personal reasons, the respondent submitted his resignation from the company through e-mail on 8.7.2014 by serving two months notice, which was accepted by the company and he was relieved on 7.9.2014 and the respondent was paid all the benefits due to him from the company.

(3.) It is further averred by the respondent that while joining the company, he had signed a confidentiality and Non-Disclosure agreement, which he had scrupulously adhered to. One of the clauses in the said agreement relates to the respondent not to take up any assignment with the customers of the company for a period of 24 months, which the respondent fulfilled. The respondent had, thereafter, started his own business by developing an application, which is in no way even remotely connected with any work discharged by him with his erstwhile company.