O R D E R

% 24.08.2023 CS (COMM) 570/2023

1. As the recital hereinafter would reveal, the present plaint raises issues that deserve serious consideration.

2. As such, let the plaint be registered as a suit. Issue summons. Summons are accepted, on behalf of the defendants, by Mr. Harkirat Singh. Written statement, accompanied by an affidavit of admission and denial of the documents filed by the plaintiffs be filed within 30 days, with an advance copy to learned counsel for the plaintiffs who had filed application thereto, accompanied by affidavit of admission and denial of the documents filed by the defendants, within 30 days thereof.

3. List before the learned Joint Registrar for completion of pleadings, admission and denial of documents and marking of exhibits on 20 September 2023, whereafter the matter would be placed before the Court for a case management hearing and further proceedings.

IA 15595/2023 [under Order XXXIX Rules 1 and 2, CPC]

4. By this order, I proceed to decide the plaintiffs’ prayer for ad interim injunction. As such, the order would only examine whether, pending decision on the present application, any ad interim directions are or are not required to be issued.

5. Though no caveat was filed by the defendants, I have permitted them to argue, through Mr. Akshay Makhija, learned Senior Counsel.

The plaintiffs are represented by Mr. J. Sai Deepak, learned Counsel.

6. Being an ad interim order, discussion of the facts and law would necessarily be brief.

7. Plaintiff 4 possesses the following registrations under the Trade Marks Act, 1999, which are valid and subsisting and are licensed to Plaintiff 1 for use thereof:

8. “DHI” refers to a technique for facilitating hair growth, known as Direct Hair Implantation. The technique is stated to have been invented and developed by Mr. Konstantinos P. Giotis, founder of the DHI Global Medical Group.

9. Defendant 1 was a dermatologist, employed by Plaintiff 1 vide appointment letter dated 19 September 2011. His employment was last renewed by Plaintiff 1 vide contract dated 13 April 2022, till 30 September 2026. At the time of his employment, a Non-Competitional Confidentiality Agreement (NCCA), dated 19 September 2011, was executed between Plaintiff 1 and Defendant 1. The following clauses of the NCCA are relevant:

“ “Confidential Information” means information that is not generally known to the public and that is used, developed or obtained by the First Party in connection with its Business, including but not limited to (i) products or services, (ii) fees, costs and pricing structures, (iii) designs, (iv) analysis, (v) drawings, photographs and reports, (vi) computer software, including operating systems, applications and program listings, (vii) flow charts, manuals and documentation, (viii) data bases, (ix) DHI Know-how & DHI Methods including any new development or innovation or modifications that may take place in the DHI Know- How & DHI Methods during the term of this Agreement (x) accounting and business methods, (xi) inventions, devices, new developments, methods and processes, whether patentable or non- patentable and whether or not reduced to practice, (xii) customers and clients and customer or client lists, (xiii) copyrightable works, (xiv) all technology and trade secrets, (xv) researches and development projects or results, (xvi) financial and sales information of any kind and contemplated activities (including, without limitation, leasing, distribution and sales costs and non- public pricing information), (xvii) current and prospective alliance, marketing and media partners and key individuals;(xviii) relations with its employees (including, without limitation, salaries, job classifications and ski