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2017 Supreme(Del) 3085

MUKTA GUPTA
PARAMOUNT COACHING CENTRE PVT LTD. – Appellant
Versus
RAKESH RANJAN JHA – Respondent


Advocates Appeared:
For the Plaintiff :Mr. P.V. Kapur, Sr. Advocate with Mr. Murari Tiwari, Mr. Rahul Kumar, Mr. Purva Mehta, Mr. Vimal Nagrath, Mr. Sidharth Kapur, Ms. Divya Kapur, Ms. Prathibha Sridhar and Ms. Kaveri Gupta, Advocates.
For the Defendant :Mr. C.M. Lall, Sr. Advocate with Ms. Rajeshwari H, Mr. Kumar Chitranshu and Mr. Tahir A.J., Advocates.

JUDGMENT :

1. Plaintiff has filed the present suit inter alia praying for a decree of permanent injunction in favour of the plaintiff and against the defendant restraining him from teaching students in any other educational institution including, but not limited to M/s K.D. Campus Pvt. Ltd. and a further decree of mandatory injunction directing the defendant to teach exclusively in the plaintiff’s institute till the Memorandum of Understanding (in short MOU) dated 6th January, 2017 subsists, that is, till 5th January, 2020. In the application, plaintiff prays for an ad-interim injunction in respect of the first prayer mentioned above.

2. As per the plaint, plaintiff institute is an educational institute imparting education to the aspiring students of various competitive examinations having its branches throughout India. On 6th January, 2017 defendant entered into an agreement with the plaintiff company through its Director with regard to rendering service for the purpose of imparting education particularly in the subject of English for the students aspiring to appear in the competitive exams of SSC for a further period of three years w.e.f. 6th January, 2017 to 5th January, 2020. It






















































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