IN THE HIGH COURT OF CALCUTTA
SOUMEN SEN, J.
Hi-Tech Systems & Services Ltd. - Petitioner
Vs.
Suprabhat Ray & Ors. - Respondents
G.A.1738 of 2014 C.S.192 of 2014
Decided on : 17-06-2015
Soumen Sen, J.
The plaintiff has filed this application principally against its ex-employees in respondent Nos.1 to 5 praying, inter alia, for an order of injunction restraining the said respondents from divulging and/or using in any manner the petitioner’s computer database containing confidential informations and trade secrets and to procure a breach of contract of the plaintiff with its existing customers and/or suppliers.
The plaintiff manufactures and sells technologically advanced highly engineered products and equipments for power and process sector industries. The plaintiff is also a service provider to power and process industries. The plaintiff also imports and sells certain industrial products and provides installation, commissioning and maintenance of operation and technological services to power and process industries.
The respondent Nos.1 to 5 are ex-officers of the plaintiff company. The plaintiff alleges that the respondent No.6 is a company formed and/or run by the respondent Nos.1 to 5 for carrying on competing business with the plaintiff.
The respondent Nos.1, 2 and 5 as the General Manager and Deputy General Managers respectively, and the head of manufacturing control valves and equipments and spares respectively as well as sole person in charge of the product of Hora Pall, BPEG, Sky Climber being a principal of the petitioner was privy to all the trade secrets pertaining to manufacture as well as sales and marketing. The respondents had the future projections and strategic informations about prospective customers, technology and products. The respondent Nos.1 and 2 had access to all secret technological know-how. The roles of the respondent Nos.1 and 2 were of confidentiality and trust. While participating in Senior Management meeting, the respondent Nos.1 and 2 had access to all discussions and decisions regarding various financial and business transactions of the organization. The said respondents being in charge of Sales and Marketing and in dealing with petitioner’s principals had information about the price at which goods were purchased and from whom they were purchased. The secret information about the way and from whom the petitioner sourced materials is a valuable asset for the petitioner. In it lies the petitioner’s competitive advantage which would be of substantial benefit to any of the petitioner’s competitors. The respondent Nos. 1 and 2 also had information and details of the logistic Vendors of the petitioner and at what price they provided the service and in course of their interaction with the vendors they got introduced to the concerned departments and officers of the vendor. Moreover, the respondent Nos.3 and 4 as Manager Sales and Senior Engineer-Sales and Marketing also by reason of working under the respondent No.1 had the benefit of all the informations gathered by the respondent Nos. 1 and 2 were also shared with the respondents. The respondent No.4 was also independently entrusted with making purchase order and other documentation work. The petitioner has given particulars of the trade secrets and computer database and confidential information regarding the business of the petitioner of which each of the respondent Nos.1 to 5 gained knowledge of and had access to during the course of employment. It is submitted that the said Schedule “D” contains trade secrets and Computer database stored in the computers in the form of files, programmes, know-how, formulae and the like which have been created by the petitioner as also customer details and details of petitioner’s principals. The petitioner generally purchases equipments from all over the world and especially abroad. Thereafter, the said equipments, which are all technologically advanced, are customized as per each client’s specifications. The customization is done at the petitioner’s workshop at Sarsuna, Behala, Kolkata. The technology improvised and employed by the petitioner for such customization is then stored in the form o
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