HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM REGULAR FIRST APPEAL NO.670 OF 2025 (INJ)

C/W REGULAR FIRST APPEAL NO.677 OF 2025 (INJ)

IN RFA NO.670/2025 BETWEEN:

GIRMITI SOFTWARE PRIVATE LIMITED NO.2/3, 1^ST FLOOR KUNDALAHALLI GATE MARATHAHALLI POST BENGALURU - 560037 REPRESENTED BY ITS LEGAL HEAD SRI. SURESH PATEL …APPELLANT Digitally signed by (BY SRI.SREENATHA C.S., ADVOCATE FOR NAGARAJA B M SRI.RAJESHWARA P.N., ADVOCATE)

Location: HI GH COURT OF KARNATAKA AND:

SRI.MANJUNATH D A S/O ANJAPPA L AGED ABOUT 28 YEARS PRESENTLY RESIDING AT ACM BOYS HOSTEL MANUVANA VIJAYANAGARA BENGALURU- 560 040 HC-KAR PERMANENT RESIDENT OF DASARATHIMMANAHALLI VILLAGE IMARAKUNTE POST SRINIVASAPURA TALUK KOLAR DISTRICT KARNATAKA - 563138 …RESPONDENT (BY SRI.M.C.JAYAKIRTHI, ADVOCATE FOR C/R)

THIS RFA IS FILED UNDER SECTION 96 OF THE CPC CALL FOR RECORDS IN O.S.NO.9532/2019 ON THE FILE OF THE XXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-06) AT BENGALURU AND SET ASIDE THE JUDGMENT AND DECREE DATED 10.12.2024 PASSED IN O.S.NO.9532/2019 PASSED BY THE XXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, (CCH-6) AT BENGALURU, DISMISSING THE SUIT FOR PERMANENT INJUNCTION AND ETC.

IN RFA NO.677/2025 BETWEEN:

GIRMITI SOFTWARE PRIVATE LIMITED NO.2/3, 1^ST FLOOR KUNDALAHALLI GATE MARATHAHALLI POST BENGALURU - 560 037 REPRESENTED BY ITS LEGAL HEAD SRI.SURESH PATEL ...APPELLANT (BY SRI.SREENATHA C.S., ADVOCATE FOR SRI.RAJESWARA P N, ADVOCATE)

HC-KAR AND:

SRI.MANJUNATH D A S/O ANJAPPA L AGED ABOUT 28 YEARS PRESENTLY RESIDING AT ACM BOYS HOSTEL MANUVANA VIJAYANAGARA BENGALURU - 560 040 PERMANENT RESIDENT OF DASARATHIMMANAHALLI VILLAGE IMARAKUNTE POST SRINIVASAPURA TLAUK KOLAR DISTRICT KARNATAKA - 563138 ...RESPONDENT (BY SRI.M.C.JAYAKIRTHI, ADVOCATE FOR C/R)

THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 10.12.2024 PASSED IN OS NO.9532/2019 ON THE FILE OF XXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU., DISMISSING THE SUIT FOR PERMANENT INJUNCTION AND ETC.

THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

ORAL JUDGMENT

Both the appeals arise out of the judgment and decree granted in O.S.No.9532/2019 and counter claim set up by the defendant.

HC-KAR

2. For the sake of brevity, the parties are referred as they are ranked before the Trial Court in O.S.No.9532/2019.

3. Facts leading to the case are as under;

The plaintiff–company has instituted the present suit seeking a decree of permanent injunction against the defendant, who had applied for the post of Trainee Engineer in the plaintiff–company. It is the specific case of the plaintiff that the defendant, having applied for the said post, was interviewed on 30.09.2019 and was thereafter selected. Upon his selection, the defendant voluntarily executed a Non-Disclosure Agreement as well as a Training Bond, after having fully understood the terms and conditions stipulated therein.

4. The plaintiff asserts that the Training Bond was executed for a fixed term of four years. Upon accepting the offer of training, the defendant also submitted his original educational and other relevant documents to the HC-KAR plaintiff–company. However, it is alleged that the defendant, without honouring the terms of the said Training Bond, failed to join the training and instead began demanding the return of the original documents submitted to the plaintiff.

5. It is the further assertion of the plaintiff–company that, in clear violation of the terms of the Training Bond, the defendant not only failed to report for training but also began exerting undue pressure on the plaintiff’s officials by involving a Member of the Legislative Assembly (MLA), members of Rakshana Vedike, and even Police authorities. In view of such coercive tactics allegedly adopted by the defendant, the plaintiff–company was constrained to file the present suit seek