VFS GLOBAL SERVICE PRIVATE LIMITED Vs. SUPRIT ROY

JUDGEMENT

(1.) The Notice of Motion has been taken out by the Plaintiff in the present case for enforcing a negative covenant contained in a contract of employment. The Defendant was employed by the Plaintiff on 12th July 1999 in the grade of Senior General Manager. On 2nd July 2001, he was transferred to the Visa Facilitation Services (VFS) Division and designated as General Manager. The terms and conditions of employment as originally envisaged continued to remain the same save and except as modified. Under the original contract of employment, the services of the Defendant could be brought to an end by either side with one month's notice or salary in lieu thereof. On 11th July 2003, additional terms and conditions were imposed by the employer. Among them was a condition that the Defendant shall not participate with any other company carrying on similar business and shall not commence similar business during the period of employment or for a period of two years thereafter.

(2.) A Memorandum of Understanding was thereafter entered into between the parties on 10th December 2003. Clauses 3 and 4 of the agreement provided for a covenant on confidentiality to the following effect :-

(3.) On 8th October 2007, the Defendant tendered his resignation from service and stated that while under the letter of appointment he was required to give a notice of 30 days, the activities with which he was currently involved with the Plaintiff would be completed, so as to enable him to depart by the last week of November.