Satish Kumar v. Khushboo Singh & Ors

RAJIV SAHAI ENDLAW, J. OCTOBER 14, 2019 'ak'

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 14th October, 2019 + CS(COMM) 89/2019, IAs No.2499/2019 (u/O XXXIX R-1&2 CPC) & 9149/2019 (u/OVII R-11 CPC) SATISH KUMAR ..... Plaintiff Through: Mr. Lokesh Kumar Mishra, Adv. Versus KHUSHBOO SINGH & ORS. ..... Defendants Through: Mr. Mukesh Gupta, Adv. with Mr. P.S. Rana & Ms. Disha Passi, Advs. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW 1. The plaintiff Satish Kumar has instituted this suit against (a) Khushboo Singh; (b) Abhishek Chauhan; and (c) Aarya Fashion through its proprietor Khushboo Singh, for "(i) permanent injunction in favour of the plaintiff and against the defendants, thereby restraining the defendants and their agents, servants, relatives, associates, attorney, etc. from logging in, accessing and using the official email ids of the plaintiff including merchant3@plasmaimpex.inc.and export@plasmaimpexinc.com and further disseminating, reproducing, uploading, publishing, circulating, broadcasting, distributing, selling, offering for sale the complete or part of any email part of official email ids of the plaintiff including merchant3@plasmaimpex.inc.and export@plasmaimpexinc.com including eleven emails dated 31.11.2017, 01.11.2017 and 08.11.2017, in the interest of justice. (ii) permanent injunction in favour of plaintiff and against the defendants, thereby restraining the defendants and their agents, servants, relatives, associates, attorney, etc. from using trade secrets, privilege information and poached clientage including MOA based in France, TS 14+based in Australia, Frag Commercio Internacional based in Spain, Ropanes.I. based in Spain, Lovisa based in Australia, SferaJoven S.A. based in Spain, DCK Concession based in United Kingdom, Vaibheave Global Ltd. based in India, H.Versteegh Amsterdam B.V. based in Netherlands, ModaJavenSfera Mexico S.A.DE C.V. based in Mexico, Pipol"s Bazaar AB based in Sweden, Zoda based in Australia, Atoll Palme based in France, Stella Forest based in France, Ha Sh Fashion Accessories House Ltd. based in Israel, Alibey Accessories based in Spain, IntresesComunes SL based in Spain, Natasha Accessories based in USA, Virginia Pozo Castro Coosy based in Spain, DG Diffusion/ExodifZac de la masquere based in France, M/s Ikat and Casemire based in Australia, PT.Lakra based in Indonesia and PFG of Sweden AB based in Sweden of the Plaintiff, in the interest of justice (iii) permanent injunction in favour of plaintiff and against the defendants, thereby restraining the defendants and their agents, servants, relatives, associates, attorney, etc. from further accessing the clientage of the plaintiff including Stephen & Co. based in USA, Shalom International based in USA, Kappahl based in Sweden, Inditex Group based in Spain, Pull & Bear based in Spain, Bershka based in Spain, Lefties based in Spain, EncuentroModa based in Spain, Roman Habermann based in Germany, Fun Accessories based in Australia, SarinaAccessories based in USA, Myriad Sourcingbased in India, Puntoroma based in Spain, Misakobased in Spain, NES Group based in USA, Eziybuybased in Australia, Ronald A/S based in Denmark, House Docter Aps based in Denmark, Barata&Ramilo S.A. (Parfoise) based in Portugal, Monnari Trade S.A.based in Poland, Bijou Brigitte Modische Accessories AG based in Germany, Mitzsche International based in Germany, International Inspiration Ltdbased in USA, Ballet Group Inc. based in USA, Vision 101 S.A.based in Argentina, Shanghai Yepai E.Commerce Co.Ltd. based in China, LPP S.A. based in Poland, White Stuff Limited based in United Kindgdom and WWG Limited based in United Kingdom, in the interest of justice. (iv) mandatory injunction in the favour of plaintiff and against the defendants and their agents, servants, relatives, associates, attorney, etc. thereby directing the defendants to handover the trade secrets, privilege information and clientage of the plaintiff to the plaintiff company and stop dealing with the clientage of the plaintiff