ORDER :

1. By way of present petition under Article 227 of the Constitution of India, the petitioner has challenged the order dated 29.06.2018 passed by the learned Chamber Judge, City Civil Court, Ahmedabad, below Exh.22 in Special Civil Suit No. 2752 of 2015, whereby an application filed by the respondent herein-original plaintiff under Order XI Rule 1 of the Code of Civil Procedure, 1908 has been allowed.

2. The brief facts leading to the filing of the present petition reads thus:

2.1 The respondent-original plaintiff has filed Civil Suit No. 2752 of 2015 for damages, permanent injunction and declaration. The respondent is a company incorporated under the provisions of Companies Act, 1956. The petitioner herein-original defendant was an employee of the respondent company. It is the case of the respondent herein that it is a developer of software and various applications which are used in medical field by Medical Professional and Doctors and are also useful for creating Electronic Medical Record (for short ‘EMR’) of a particular person.

2.2 The petitioner was employed with the respondent company vide employment agreement dated 02.04.2012. It is the case of the respondent company that one Mr. Mayur Choudhari was also employed in the said year. Mr. Mayur Choudhari was allegedly working under the guidance of defendant’s syndicate of experts and had confidential information/trade secrets of respondent company. The respondent company preferred a Civil Suit No. 331 of 2015 before the concerned Civil Court against the said Mr. Mayur Choudhari, which is pending adjudication. The petitioner was dissatisfied with the work environment at the respondent company and for various reasons, on 14.11.2014, decided to resign from the respondent company. The said decision was conveyed to the respondent company through E-mail. The said resignation came to be accepted by the respondent company on 17.11.2017 and the petitioner came to be relieved as on 12.02.2015.

2.3 The respondent company looked at the recruitment of petitioner in InSync Healthcare Solution, Vadodara with an eye of suspicion and consequently, issued a legal notice dated 17.07.2015 to the petitioner. The petitioner justified his stand by filing reply dated 01.08.2015. The respondent company proceeded to file a suit for declaration to the effect that the respondent is the owner of the trade secrets for software Omni MDEHR, permanent injunction against the petitioner from breaching terms and conditions of Employment Agreement dated 02.04.212 and damages to the tune of Rs. 5,00,000/- for breaching terms and conditions of employment agreement and infringing so called copy right of the respondent. The respondent company also filed an application below Exh.5 seeking temporary injunction to which, written statement came to be filed by the petitioner. The respondent company thereafter, filed an application below Exh.22 seeking leave to file interrogatories to the petitioner under Order XI Rule 1 of the Code of Civil Procedure, 1908. The petitioner filed a reply to the application and objected to the said application filed below Exh.22 on the ground that the interrogatories are filed at a premature stage and such interrogatories were irrelevant for the purpose of deciding notice of motion. It was also contended that the respondent company preferred such application based on conjectures and surmises. The learned Chamber Judge, Civil Court, has allowed the said application below Exh.22 and permit the respondent to deliver the list of interrogatories to the petitioner.

2.4 Being aggrieved by the said impugned order passed below Exh.22, the petitioner herein has approached this Court seeking following reliefs:

“(a) Quash and set aside the order dated 29th June, 2018 passed by Learned Chamber Judge, City Civil Court, Ahmedabad below Exhibit-22 in Special Civil Suit No. 2752 of 2015 pending before Civil Court, Ahmedabad at ANNEXURE-A.

(b) Pending the hearing and final disposal of the present petition,