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2019 Supreme(HP) 951

JYOTSNA REWAL DUA
Parmod Singh Chauhan – Appellant
Versus
Punjab National Bank – Respondent


Advocates Appeared:
Naveen Awasthi, Adv., Gulzar Singh Rathore, Adv.

JUDGMENT :

Jyotsna Rewal Dua, J.

Mr. Gulzar Singh Rathore, learned counsel, waives service of notice on behalf of respondents No. 1 to 3. With the consent of learned counsel for the parties, matter is taken up for final disposal.

2. The petitioner is aggrieved against the order dated 10.06.2019, passed by learned Addl. District Judge-I, Kangra at Dharamshala, H.P., in Civil Misc. Appeal No. 07-D/XIV/2019, whereby the appeal, filed by respondent against the order passed under Order 39 Rule 1 and 2 CPC by learned Civil Judge, Court No. 2, Dharamshala was allowed, resultantly the application filed by the plaintiff under Order 39 Rule 1 and 2CPC, stands rejected.

3. The facts of the petition, in brief, are that:-

    3(i) Petitioner is a retired Staffee. Post his retirement, he was appointed as External Concurrent Auditor (ERO) by the respondent-Bank, vide letter dated 29.11.2016. Petitioner was assigned for a period of three years or up to the age of 65 years, whichever was earlier. Learned counsel for the respondent has brought on record a Non Disclosure (Confidentiality Agreement) (Appendix) executed between the parties on 29.11.2016, interalia, containing following term and condition:-

"10.

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