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2007 Supreme(Bom) 726

A.M.KHANWILKAR
Kuoni Travel (India) Private Limited – Appellant
Versus
Ashish Kishore – Respondent


Advocates:
Advocate Appeared
Mr.Rafiq Dada with Mr.Ashish Kamat, Ms Mitta Das and Ms
Meenakshi Mhapankar i/b.M/s.V. Deshpande & Co., for the
plaintiff.
Mr.Pravin Samdani with Mr.Simil Purohit i/b. Trilegal for the defendant.

ORAL ORDER:

1. Heard the counsel for the parties. Perused the relevant pleadings and documents on record. This order will dispose of prayer for ad-interim relief.

2. The plaintiff prays for ad-interim reliefs on the basis of the contractual terms and conditions of employment. That has "non-compete" and "Garden Leave" clauses. Non-compete clause reads thus:- "You shall be bound and undertake that you shall not during the course of your employment with the Company and for such period after the termination of Employment or resignation, directly or indirectly, whether through partnership or as a shareholder, joint venture partner, collaborator, employee, consultant or agent or in any other manner whatsoever, whether for profit or otherwise carry on any business which competes directly or indirectly with the whole or any part of the business of organizing tours and travel related services or having/conducting business similar to the business conducted by the Company for a period of 3 months after termination or resignation". Garden leave clause reads thus:-

"The Company reserves the right to require you to remain away from work/employment for the period of 3 (t











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