SUDIPTA BANERJEE Vs. L.S. DAVAR & COMPANY

JUDGEMENT

(1.) Soumen Sen, J. (Oral). - Three separate appeals along with connected applications involving similar questions of law and fact are taken up together and disposed of by this common order.

(2.) Dr. Sudipta Banerjee and Dr. Indira Banerjee are well qualified patent professionals. They were working in L.S. Davar and Company, a reputed Intellectual property firm since 1/6/1994 and 1/9/1994 respectively until their resignations in June 2020. Arpita Ghosh was working as an office assistant of L.S. Davar and Company since 2010 until she resigned on 22/1/2021. All of them joined another firm by the name of P.S. Davar and Company, after their resignations were accepted by their erstwhile employer.

(3.) On the allegation that the appellants are divulging the confidential information and trade secrets acquired during their course of employment in L.S. Davar and Company, in clear breach of the confidentiality agreement, L.S. Davar and Company filed a suit being T.S. No. 534 of 2021 before the learned 4th Civil Judge (Senior Division), Alipore praying inter alia for declaration that the defendants namely, Dr. Sudipta Banerjee, Dr. Indira Banerjee and Arpita Ghosh and each of them in express breach of their contractual obligation with the plaintiff arising out of their terms and conditions of service with the plaintiff have and are still using, divulging, passing on confidential and crucial electronic records, documents, data and information inclusive of proprietary drafts of precedents, agreements, forms presentation, petitions, confidential documents, legal opinions, legal action plans and strategies, computerised data base containing client information, proprietary client list, fee schedules, proprietary potential client list and other related information for themselves and/or any other entity including its data or any other information relating to any aspect of the business of the plaintiff.