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2022 Supreme(Cal) 866

SOUMEN SEN, AJOY KUMAR MUKHERJEE
Sudipta Banerjee – Appellant
Versus
L. S. Davar & Company – Respondent


Advocates appeared:
Mr. Ratnanko Banerji, Sr. Advocate, Mr. Aniruddha Mitra, Advocate, Mr. Dhilon Sengupta, Advocate, Mr. Anirban Ghosh, Advocate, for the Appellant; Mr. Surajit Nath Mitra, Sr. Advocate, Mr. Shayak Mita, Advocate, Mr. Shounak Mitra, Advocate, Mr. Rishav Dutta, Advocate, for the Respondent.

ORDER

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 1st June, 1994 and 1st September 1994 respectively until their resignations in June 2020. Arpita Ghosh was working as an office assistant of L.S. Davar & Company since 2010 until she resigned on 22nd January, 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 & 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 t

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