PERMALI WALLACE LTD., BHOPAL Vs. K.T. SHAMSUNDER

JUDGEMENT

(1.) THIS is an appeal by the plaintiff arising out of a suit for permanent injunction and damages being Civil Suit No. 39 -B of 1977 in the Court of 5th Additional District Judge, Bhopal.

(2.) THE plaintiff which is a limited company employed the defendant No.1 in its service as Research and Development Officer on the 15th March, 1971 on the terms and conditions agreed between the parties for a period of 5 years and thereafter until terminated at any time by either party giving to the other party six calendar months' notice in writing The terms relevant for the purposes of the decision of this appeal extracted from the contract are set out below:

(3.) THE plaintiff company has, therefore, filed the present suit on 17th June, 1977 claiming a decree for injunction restraining defendant No. 1 till 4 -10 -1981 from serving defendant No. 2 or from directly or indirectly taking part or serving at any other factory, industry or concern or firm interested in the sale or manufacture of compressed woods, glass laminates cast apoxies and all other associated articles and other activities carried on by the plaintiff from time to time; restraining defendant No.2 from continuing defendant No. 1 in its service till that period i.e. 4 -10 -1961 and also for damages estimated at Rs. 6,00,000/ - (Rs 2,00,0001 -, the amount which the plaintiff shall have to spend for training new appointee in place of defendant No. 1 and the loss that the plaintiff would suffer till the new appointee picks up the work left incomplete by defendant No.1 and Rs 40,000/ - loss due to competition in business that the plaintiff has to face with defendant No.2, the company which is reaping the advantage of the expertised knowledge of defendant No. 1).