SANMAR SPECIALITY CHEMICALS LTD Vs. BISWAJIT ROY

JUDGEMENT

(1.) THIS Original Application has been filed for an order of interim injunction restraining the respondent from in any manner disclosing or using the confidential information of the applicant by carrying on directly, or indirectly any business which is of competing nature, contacting the applicant's customers or employees and thereby interfering with the applicant's business, pending arbitration of the disputes between the parties.

(2.) THE brief facts as culled out from the affidavit are as under :

(3.) THE applicant Company is engaged in a veiy specialized field of business involving unique know-how and technical data and these arc peculiar to them. The respondent joined the company as a Scientific Officer in January 2001. Over the years he became an integral part of the senior management team and he was given access to information which are vital for the operations of the applicant's Bangalore Genie Division namely, product and process know-how, R and D processes, procedures, raw materials sources, quality control etc. On 20-6-2005, respondent entered into a Confidentiality and Non-Compete Agreement with the applicant. At the time of entering into an agreement the respondent was working as Assistant General Manager-Research and Development. Under the Confidentiality and Non-Compete Agreement, the respondent shall not disclose the confidential information to any person after cessation of employment with the applicant. Similarly the respondent shall not take up any employment or involve himself with any other person or body corporate in the similar field of activity which is competitive in nature with the business of the applicant for a period of 3 years after cessation of employment with the applicant.