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2023 Supreme(Guj) 84

VAIBHAVI D. NANAVATI
DEEPAK KOTHARI – Appellant
Versus
OMNILSM TECHNOLOGIES PVT. LTD. – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: JAIMIN R. DAVE, TIRTHRAJ PANDYA.

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

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