BEFORE THE HON’BLE COURT OF CIVIL JUDGE

_______________, DIVISION AT DINDOSHI

SUIT NO. OF 2023

Indigital Technologies LLP

802, Synergy Business Park,
Sahkarwadi, Goregaon (East),
Mumbai -400063 …Plaintiff
Versus
Mr. Sharad Chandulal Solanki
Having address at B3-Kerasi,
Flat No. 2804, Puranik Ramahbali,
Ghodbunder Road,
Thane West 400615 …Defendant

SUIT FOR PERMANENT INJUNCTION.

MOST RESPECTFULLY SHOWETH

The Plaintiffs above-named most humbly submit as under:

1. The Plaintiff is a Limited liability Partnership company

registered under the Companies Act 1956 having registered
office address as mentioned in cause title. The Plaintiff
Company is engaged in business with pharmaceutical
companies for their campaign with doctors.

2. The Plaintiff states that the Plaintiff was appointed the

Defendant, as its employee is working as General Manager,
 Sales with Plaintiff and looking after all Affairs of said
business. His date of joining as employee of the Plaintiff is 04
June 2019, EMP code: ITL 020. He has a team of 8 - 10
business development executives / managers (BDMs)
reporting to him. The main job of this team is to identify new
accounts and customers via online search, digital platforms,
referrals and other means and promote Applicant’s products /
services and generate business for the organization. As per the
employment policy – A person while working with the
company cannot associate with competitor or cannot start his
own company and sell the same product which he is been
employed to do so. Hereto annexed and marked as Exhibit A
and B is a copy appointment letter with job profile and Non-
disclosure agreement. The Plaintiff further states that as per
clause 6 of Non-disclosure agreement, the defendant agreed
not to circumvent the plaintiff and work with business
associates, clients and other third party vendors introduced by
the Plaintiff. The said non-circumvention provision shall
expire at the end of two years from the termination.

3. The Plaintiff states that the Plaintiff’s management has found

out that while working with plaintiff, Mr. Sharad Solanki, the
Defendant herein has formed his own company with name
Yuki Technology around a month ago i.e. Nov 2022, and
presented same as new company or as sister concern of the
plaintiff company to gain client, business and for vendor
registration of company with different clients. Moreover, the
Defendant / Accused has influenced few of the Plaintiff
employees in his unethical practices by virtue of his role in the
company. For Instance with plaintiff’s client i.e. Medley
Laboratories one of the large pharmaceutical companies. The
Plaintiff Company is engaged in business with pharmaceutical
companies for their campaign with doctors. On 6th Dec 2022
at around 3.55 PM – Mr. Umashankar, Sr. GM Purchase,
Medley Labs has reached out via email to Plaintiff employee –
Mr. Vijay Yadav (Manager-Accounts). He has requested to
finalize the order for in & out for 2210 qty at INR 125+Taxes.
Generally, as a part of duty - GM sales submits the final rate
and closes. So as a part of process, Mr. Vijay has involved
Defendant to negotiate and close the deal. The Defendant has
negotiated the rate from 160 to 140 and finally agrees to close
the deal at 130. However, while submitting this rate, The
Defendant has removed Mr. Vijay and others from the mail
trail and submits his new company document to release the
purchase order showing it as a sister company of Plaintiff
company. Below is the details of the mail where he has
submitted the documents

From: Sharad Solanki <sharad@indigitalit.com>

Date: Thu, Dec 15, 2022 at 11:59 AM

Subject: Re: Doctor's name plate with Photo (Quantity 2210

No.)

To: umashankar@medleylab.com

Attachment: 1.) Pan card.jpeg (of Mr. Sharad Solanki as

propritor)

2.) Cancelled cheque.jpeg (of Yuki Technology, Axis bank,

Thane branch)

3.) VENDOR FORM.XLSX (All vendor information required

by company)

4.) Print_AnexxUdyam Registration Certificate.pdf (MSME

cert)
 5.) certgst.pdf (GST certificate on the name of Yuki
Technology).

Hereto annexed and marked as Exhibit C is a Print copies of mail.

Based on the submitted information – The Plaintiff’s client
Medley laboratories has issues a purchase order (PO No:
4900014870) on the name of Yuki Technology, Total amount INR
3,39,014 (Three Lacs Thirty Nine thousand and fourteen rupees)
and sent the PO to the Defendant on plaintiff’s company email id.
Below are the details of the same.

From: Mahesh Gunjal <mahesh.gunjal@medleylab.com>

Date: Fri, Dec 16, 2022 at 3:49 PM

Subject: PO No : 4900014870 - DR IN & OUT DOOR

NAMEPLATE(PERSONALISED)

To: Sharad Solanki <sharad@indigitalit.com>

Cc: Umashankar <umashankar@medleylab.com>, Sanat Sahu

<sanat.sahu@medleylab.com>, Anirban Halder
<anirban.halder@medleylab.com>, Yuvraj Patil
<yuvraj.patil@medleylab.com>

Attachment: Yuki Technology 4900014870.pdf

Hereto annexed and marked as Exhibit “D” is a print copies of

mail.

The aforestated act of the Defendant was causing wrongful loss to

the Plaintiff Company by his act. His act is a clear case of breach
of terms and conditions of non-discloser agreement and violation
of Law.

4. The Plaintiff states that the data is one of the most precious
possessions in today’s world. Most importantly customer data in
 B2B business like Plaintiff is worth millions of dollars. In business
to business transactions – most of the company spend maximum
time in identifying right customer (product manager / marketing
manager / decision makers…etc) and pitch them the right product
accordingly. The Defendant was working as GM Sales with the
Plaintiff company and looking after all affairs of said business. He
has a team of 8-10 business development executives / managers
(BDMs) reporting to him. The main job of this team is to identify
new accounts and customers via online search, digital platforms,
referrals and other means and promote our products / services and
generate business for the organization. This data is very sensitive
piece of information for any company as it contains years of hard
work to identify customers, their preference and make a list of
existing customers and potential customers. The Plaintiff further
states that Defendant while doing his duty in the office of Plaintiff
company during his tenure with company, he used to work on the
laptop AVITA-Liber-V14-Laptops 491942290-i4. The Plaintiff
further states that the Defendant during his tenure with company,
he handle many of the company client. The Plaintiff shall rely
upon the list of the company client handle by the Accused as and
when required.

5. The Plaintiff states that while employed with Plaintiff company,

the Defendant has illegally opened a new company as Yuki
Technologies as proprietor and started soliciting plaintiff
customers. In attempt to do so, he has stolen and transferred very
precious and sensitive data on his personal email id. In plaintiff’s
primary investigations, the Plaintiff Company have come across
few mails. The Plaintiff have attached details of the same along
with mail logs and other details from email services provider
(Google Inc.)

From: Sharad Solanki sharad@indigitalit.com

 Date: Wed, Dec 21, 2022 at 12:11 PM

Subject: school fees

To: Sharad Solanki <sharadsolanki111@gmail.com>

Attachment: 1.) Master contacts_list.xlsx (Most sensitive

data. 9 sheets)

2.) Bharat Mapping Sheet.xlsx (Customer mapping of Zydus, Sun

pharma Ajanta)

3.) School fees 1.pdf

Apart from the same the Defendant no.2 / Accused has theft the
company data by way of mail of data where he has utilized his
position to get the data from employee and transfer to his
individual email

From: Sharad Solanki sharad@indigitalit.com

Date: Fri, Dec 9, 2022 at 1:28 PM

Subject: Fwd: Spreadsheet shared with you: "Master _list"

To: Sharad Solanki <sharadsolanki111@gmail.com>

Hereto annexed and marked as Exhibit “E” is a copy of Master

contacts_list.xlsx (Shared from google drive by Ashvini Sutari
shvini@indigitalit.com – employee directly reporting to him)

The aforestated act of the Defendant was causing wrongful loss to

the Plaintiff company by his act. His act is a clear case of violation
of terms and condition of Non-discloser Agreement.

6. The Plaintiff states that accordingly because of the wrongful acts

and behavior and unethical practice of its Employee i.e. Defendant
has been terminated by the Plaintiff vide its termination letter
dated 30th Dec 2022 and filed police written complaint dated 29
 Dec 2022 and subsequent statement submitted on 15 Jan 2023 to
the Vanrai Police Station. Hereto annexed and marked as Exhibit
“F & G” are a copy of termination letter dated 30/12/2022, and
Police Compliant letter with acknowledgement dated 29 Dec
2022. However, no actioned taken so far by the concerned police
officer of Vanrai Police station upon the complaint of the
Complainant. Thereafter filed criminal complaint under section
156(3) of the Criminal Procedure Code.

7. The Plaintiff submits that as per clause 6 of Non-disclosure

agreement, the defendant agreed not to circumvent the plaintiff
and work with business associates, clients and other third party
vendors introduced by the Plaintiff. The said non-circumvention
provision shall expire at the end of two years from the termination.
The Plaintiff further submits that after termination of the
defendant for his employment, the defendant using the data of the
plaintiff company and doing business activity with them.

8. The Plaintiff Company has no other efficacious remedy except to

approach this Hon’ble Court for seeking relief of injunction

against the defendant to restrain the defendant and his emplyees,

agent, servernt and / or any other person acting on behalf of the

defendant to do business with the client of the plaintiff company.

9. The Plaintiffs states that the Plaintiff company has office at

Goregaon which is within the territorial jurisdiction of this

Hon’ble Court. The entire cause of action arose in Goregaon and

as such this Hon’ble Court has jurisdiction to entertain, try,

adjudicate and decide the present suit.

10. The cause of action arose from the date of defendant termination

from the employment of the plaintiff company i.e. 30/12/2022

therefore the present suit is filed well within limitation.

11. The Plaintiffs state that if the relief, interim and ad-interim relief

is not granted to the Plaintiffs then grave prejudice will be caused

to the Plaintiffs and on the contrary if the reliefs as prayed for are

granted no prejudice will be caused to the Defendant

12. The Plaintiff states that the balance of convenience lies entirely in

favour of the Plaintiff.

13. The Plaintiff state that the plaintiff to the suit for the purpose of

court fee is Rs. _______ on which requite court fees is affixed.

14. The Plaintiff state that, the Plaintiff have not filed any other suit

in respect of the cause of action arisen herein before this Hon’ble

Court or any other Courts in India.

15. The Plaintiff will rely upon the list of documents annexed hereto.

16. The Plaintiff therefore prays that:-

(a) That this Hon’ble Court be pleased to pass the decree for

permanent injunction against the defendant thereby

restraining the defendant, their representative, agents, or any

other persons action on behalf of defendant not to do business

with the plaintiff company’s client as mentioned in master

contract list being exhibit E;

 (b) That this Hon’ble Court pending the hearing and final

disposal of the suit be pleased to pass the temporary

injunction against the defendant thereby restraining the

defendant, their representative, agents;

(c) Interim and ad – interim reliefs in terms of prayer clause b be

granted.

(d) Pass any such and other orders as this Hon’ble Court may

deem fir and proper in the circumstances of the case.

(e) For cost of this suit;

(f) For such other and further orders/reliefs as this Hon’ble Court

may deem fit and proper;

Dated this day of February, 2023

Advocate for the Plaintiff Plaintiff

 VERIFICATION

I, ________________________, the representative of the

Plaintiffs Company do hereby state and declare that whatever stated in

paragraph Nos.1 to ____ and ____ is true to my own knowledge and

what is stated in remaining paragraphs Nos.____ to ____ is based on

information and belief and I believe the same to be true and correct.

Solemnly declared at ____________ )

Dated this day of February, 2022)

Plaintiff

Identified by me,

Advocate for the Plaintiff Before me