IA 15636/2013 (u/O XXXIX R 1&2 CPC)

IA 16770/2013 (by defendant u/O XXXIX R 4 CPC)

1. The plaintiff has filed the present suit, inter alia, seeking injunction against the defendant from entering into/doing/conducting/promoting/soliciting/canvassing etc. any business of travel and tourism or any connected or incidental or supplementary activity, or venture, individually or jointly, whether as a shareholder, director, partner, proprietor, employee, advisor, etc. contrary to the terms of Non Compete Agreement (in short the NCA) dated 1st April, 2005 executed between the plaintiff No. 2 and the defendant and also restraining the defendant from utilizing the data, confidential information, list of clients, list of customers etc., of the plaintiff No. 1 company.

2. Learned counsel for the plaintiff contends that the NCA between the plaintiff No. 2 and defendant is saved by the exception to Section 27 of the Contract Act, as in the present case the transaction between the parties was not relating to restraint on trade but to sale of business with goodwill, reputation etc. The defendant cannot be first permitted to take advantage of the agreement and thereafter turn around a