Navigators Logistics Ltd v. Sh Kashif Qureshi & Ors

RAJIV SAHAI ENDLAW, J. SEPTEMBER 17, 2018 'gsr/pp'..

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 17th September, 2018. + CS(COMM) 735/2016, CCP(O) Nos.45/2016 & 46/2016, IAs No.7964/2016 (for directions), 7421/2016 (u/O XXXIX R-1&2 CPC), 7422/1016 (u/O XXVI R-9&10 CPC) & 13684/2016 (u/O VII R-11 CPC) NAVIGATORS LOGISTICS LTD. ..... Plaintiff Through: Mr. Tariq Muneer, Adv. Versus KASHIF QURESHI & ORS. ..... Defendants Through: Mr. Rikky Gupta, Adv. for D-1,2,4,6 to 8. Mr. Manish Vashisht & Mr. Sameer Vashisht, Advs. for D-3&5. Mr. Amarendra Kumar Dubey, Adv. for D-11. Mr. Murari Kumar & Mr. Santosh Kumar Deepak, Advs. for D-12. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW 1. The plaintiff instituted this suit against as many as twelve defendants, pleading i) that the plaintiff is engaged in the field of logistics and freight forwarding services; ii) that the plaintiff has developed and evolved very distinctive, detailed and comprehensive data, information and databases pertaining to running of its business; iii) that this includes all the confidential data, customer database, accounts information, airway drawings, airway bills templates, plans, reports, taxes and other financial information; iv) that the aforesaid confidential data and information constitute the trade secrets of the plaintiff and are in the digital format and are stored on computers, computer systems, computer networks, computer resources and communication devices of the plaintiff; v) that the said information, data and other related material are original artistic and literary works of the plaintiff within the meaning of Section 2(c) and (o) of the Copyright Act, 1957; vi) that the plaintiff is the first owner of the copyright in the said information, data and other related materials; vii) that for the purpose of conducting its day-to-day business and activities, the plaintiff engages the services of various employees; viii) that owing to the sensitive nature of the information to which the said employees would become privy, the plaintiff has got very stringent legal documentation which it gets signed from all its employees at the time of joining the employment; ix) that the defendant no.1 was employed as Customer Service Executive, the defendant no.2 as Deputy Manager (Commercial), the defendant no.3 as Assistant Manager (Pricing), the defendant no.4 as Customer Service Executive, the defendant no.5 as Sales Executive, the defendant no.6 as Business Development Manager, the defendant no.7 as Assistant Manager (Pricing) and defendant no.8 as Accounts Executive (Overseas) with the plaintiff; x) that the Appointment Letters of the defendants contain inter alia the following Clauses: "3. During the probation period your services maybe terminated with two week's notice or salary in lieu (Basic salary + All allowances / benefits / reimbursements) from either side. However, after the confirmation of service, the notice period would automatically stand revised to 1 (one) month from either side. The Company reserves the right to terminate your services without assigning any reasons by giving 1 month notice in writing or 1 month's salary in lieu thereof. 5. Incase an employees service is terminated with or without notice, or in the event the employee resigns from the service, then wherever applicable, the employee is first required to recover all the outstanding, (which the client / customer owes to the company), from any clients / customer, which client / customer has been generated by the employee. The Company will not issue a relieving letter or complete exit formalities without the employee first having collected such outstanding from the respective client / customer. The Company is at liberty to first adjust from any salaries and dues of such employee such outstanding amount, at the time of payment of final dues. It is also clarified that, where the Company receives or recovers such outstanding from the client / customer, the Company shall pay to the employee his / her dues so adjusted along with