Madras High Court
M/S.Canadian Crystaline Water ... vs S.M.Chakrapani on 27 August, 2021
C.S.No.545 of 2012
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.08.2021
CORAM : JUSTICE N.SESHASAYEE
C.S.No.545 of 2012
& A.No.1422 of 2021
M/s.Canadian Crystaline Water India Ltd.,
Rep. by its Senior General Manager,
Mr.B.Sreekumar, S/o. Mr.Bhagavathi Pillai,
No.149, EVR Lane, Poonamallee High Road,
Kilpauk, Chennai - 600 010. ... Plaintiff
Vs.
1.S.M.Chakrapani
2.M/s.Doshion Limited,
Rep by its Director,
No.77, SIDCO Industrial Estate,
Thirumazhisai,
Chennai - 600 124. ... Defendant
(amended as per order dated 25.09.12 made in
A.Nos.4233 to 4235 of 2012)
PRAYER : Civil Suit filed under Order IV Rule 1 of O.S.Rules R/w.
Order VII Rule 1 of CPC :
(a) Granting a Permanent Injunction restraining the 1st
defendant herein from in any manner divulging any or all
information, instruments, documents, reports, trade secrets,
manufacturing process, know-how, etc., of the plaintiff which
would be against the interest of the plaintiff as well as in
https://www.mhc.tn.gov.in/judis/
1/4
C.S.No.545 of 2012
derogation of the plaintiff's right under the confidentiality/Non
Disclosure and Non-Complete Agreement dated 14.09.2009
entered into between the 1st defendant and the plaintiff;
(b) Granting a Permanent Injunction restraining the 2nd
defendant herein from in any manner engaging the services of
the 1st defendant and vesting on him any responsibilities in
contravention to the Confidentiality/No Disclosure and Non-
compete Agreement dated 14.09.2009 entered into between
the 1st defendant and thereby competing to the activities of the
plaintiff as well as causing loss and damage to the plaintiff for
a period up to 5 years from the date of termination of the first
defendant's employment with the plaintiff;
(c) Directing the 1st defendant's herein to pay the plaintiff a
sum of Rs.100,00,000/- (Rupees One Crore Only) as
liquidated damages on account of willful breach of the
obligations under the confidentiality/Non Disclosure and Non-
Compete Agreement dated 14.09.2009 entered into between
the 1st defendant and the plaintiff;
(d) Directing both the defendants jointly and severely to pay
the entire cost of the suit to the plaintiff; and
(e) and pass such further or other order or orders as this
Hon'ble Court may deem fit and proper in the circumstances of
the case and thus render justice.
For Plaintiff : Mr.Suresh Madharaj
For D1 : Mr.R.Sathish Kumar
https://www.mhc.tn.gov.in/judis/
2/4
C.S.No.545 of 2012
For D2 : Mr.S.Ramesh
JUDGMENT
The learned counsel for the plaintiff has filed a memo informing the Court
that he has sent several e-mails to his client for instructions but, he has no
reply to the same.
2.It now appears that the plaintiff is not keen to prosecute the suit.
3.Therefore, the Suit is dismissed for default. No costs. Consequently, the
connected Application is closed.
27.08.2021
Tsg
Index : Yes / No
Speaking Order / Non-speaking order
N.SESHASAYEE.J.,
https://www.mhc.tn.gov.in/judis/
C.S.No.545 of 2012
Tsg
C.S.No.545 of 2012
27.08.2021
https://www.mhc.tn.gov.in/judis/
