M. Duraiswamy, J.

1. The Applicant-M/s. Lister Technologies has filed O.A. No. 276 of 2014 for Injunction restraining the First Respondent from approaching the customers of the Applicant-Company and interfacing in any manner with or attempting or diverting any contract or business opportunity of the Applicant-Company and also solicit business from or contract for any business purpose in any manner whatsoever, which competes directly or indirectly with the Applicant-Company. A. No. 2425 of 2014 has been filed by the Applicant-Company to pass an Order suspending the Business activities of the Second Respondent-Company.

2. A. No. 2426 of 2014 has been filed by the Applicant-Company seeking for appointment of an Advocate Commissioner as a Receiver, who with the assistance of the technically competent person enters the Business premises of the Respondents and inspect the computer system to find out the details of the confidential information of the Applicant-Company removed unauthorisedly by the First Respondent and produce the same before this Court.

3. Heard Mr. N.V. Srinivasan, learned Counsel for the Applicant and Mr. S. Sankaranarayanan, learned Counsel for the Respondents.

4. According to the Applicant, they are engaged in the business of developing software solutions across varied industry verticals such as manufacturing, health care, publishing, internet, e-commerce, telecom and education. According to the Applicant, they called the First Respondent for an interview and appointed him as a Project Manager, after being satisfied about his credentials and work experience in the relevant area of business of the Applicant. An Offer Letter was issued on 10.4.2012 to the First Respondent. The First Respondent accepted the Letter of Offer of employment on 7.5.2012. The First Respondent entered into an Agreement known as "Non-Disclosure Agreement" and appended his signature as a proof of his acceptance of the terms and conditions contained therein on 4.5.2012. On 15.11.2013, the First Respondent signed a Letter of Undertaking known as "Employee Undertaking". On 16.9.2013, the First Respondent tendered his resignation and he was relieved from the services with effect from 15.11.2013. The First Respondent was in service with effect from 4.5.2012 to 15.11.2013.

5. According to the Applicant, after relieving the First Respondent from the services of the Applicant-Company, the Applicant came to know that the First Respondent incorporated the Second Respondent-Company on 8.11.2013 (i.e.) during the tenure of his employment with the Applicant-Company as per the records of the Registrar of Companies, Chennai. According to the Applicant, the First Respondent is a Promoter-Director of the Second Respondent-Company. The Non-Disclosure Agreement dated 4.5.2012 was in vogue when the Second Respondent-Company was incorporated by the First Respondent. According to the Applicant, as per Clause 8 of the Non-Disclosure Agreement entered into between the Applicant-Company and the First Respondent, the First Respondent, during the employment or association with the Company and for a period of two years after his employment/association with the Company whether voluntarily or involuntarily will not on his own behalf or on behalf of any other person or entity directly or indirectly engage or solicit or sell products or services that are similar to or directly compete with the products or services of the Company provided at any time during the one year prior to his termination of employment with the Company. Since the First Respondent had incorporated the Second Respondent-Company even prior to he being relieved from the services, in which the business offered is similar in nature as that of the Applicant, he was privy to all the information of customer data of the Applicant-Company and used the same for promoting the Second Respondent-Company in breach of the contractual terms entered into.

6. According to the Applicant, the First Respondent has been