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2010 Supreme(Bom) 1199

ROSHAN DALVI
Bombay Dyeing and Manufacturing Co. Ltd. – Appellant
Versus
Mehar Karan Singh – Respondent


Advocates appeared:
For the Plaintiff :A.S. Doctor with N.H. Seervai, Sr. Advocate with
P.A. Kabadi i/by M/s. Doijode & Associates, Advocates. For the Defendant:S.H. Doctor, Sr. Advocate with Rajiv Kumar with Abhishek Khare i/by M/s. Khare, Advocates.

JUDGMENT :

1. The Defendant was the whole time Director of the Plaintiff-Company appointed under the Agreement of employment dated 22.8.2005, Exhibit-A to the Plaint, for the period 24.7.2004 to 23.7.2009. Under the said agreement, he inter alia agreed not to divulge or disclose confidential information of any nature to any person. The parties agreed that such information shall be the property of the Company. The relevant clauses of the agreement read thus:-

“10. Mr. Singh shall not, except in the proper course of his duties during the continuance of his employment with the Company or any time thereafter divulge or disclose to any persons whomsoever or make use whatsoever for his own purpose or for any purpose of any information knowledge obtained by him during his employment as to the business and/or affairs of the Company and/or the know-how, technology, methods, machines, compositions, knowledge, information and other data, trade secrets, formulate and process of manufacturing of various products by the Company and/or list of companies customers and suppliers (and likewise in relation to the Company’s associated companies) all of which information is or may be confidential with th

































































































































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