J.M.SHELAT, R.S.BACHAWAT
Niranjan Shankar Colikari – Appellant
Versus
Century Spinning And Manufacturing Company LTD. – Respondent
Judgment
SHELAT, J. : This appeal by special leave is against the judgment and order of the High Court of, Maharashtra confirming an order l of injunction against the appellant .
The respondent company manufactures amongst other things tyre cord yarn at its plant at Kalyan known as the Century Rayon. Under an agreement dated January 19, 961 Algemene Kunstzijde Unie of Holland (hereinafter to as AKU) and Vereinigte Clanzstoff Fabrikan AG of West Germany hereinafter referred to as VCF) agreed to transfer their technical know-how to the respondent company to be used exclusively for the respondent company s tyre cord yarn plant at Kalyan in consideration of 1,40,000 Deutsche Marks payable to them by the respondent company. Clause 4 of that agreement provided that the Century Rayon should keep secret until thc termination of the agreement and during three years thereafter all technical information, knowledge know-how experience, data and documents passed on by the said AKU and VCF and the Century Rayon should undertake to enter into corresponding, secrecy arrangements with its employees. The respondent company thereafter invited applications for appointments in its said plant including ap
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