AMERICAN EXPRESS BANK LTD Vs. PRIYA PURI

JUDGEMENT

(1.) This order shall dispose of Plaintiff's application under Order 39 Rules 1 and 2 of the Code of Civil Procedure and the defendant's application under Order 39 Rule 4 of Code of Civil Procedure to vacate the interim order dated 15th October, 2005 whereby by t,,,he defendant was restrained from using the information and data regarding the wealth of the customers of the plaintiff bank and customers wealth management operations and iWealth View program/operations of the plaintiff's bank.

(2.) Brief facts to comprehend the controversies between the parties are that the plaintf filed the suit for permanent and mandatory injunction against the defendant seeking inter-alia a restrain against the defendant from using or disclosing any information and trade secrets relating to the business and operations of the plaintiff and to solicit or induce any of the customers of the plaintiff especially those who are part of the wealth management operation and/or iWealth View programme and from breaching the confidentiality term as per letter of appointment/code of conduct including customers privacy principles/policies. The plaintiff also sought mandatory injunction against the defendant to deliver up all the confidential information, data and trade secrets in particular the customer list of wealth management operations and/or the iWealth View programme/operations of the plaintiff available with the defendant or under her control.

(3.) The plaintiff contended that it is a banking company under the laws of State of Connecticut, USA doing banking business in India and having its branch office at Hamilton House, Connaught Place, New Delhi. The plaintiff was an employee of defendant as head of wealth management, Northern Region. The defendant was employed in the management cadre on the terms and conditions stipulated in the letter dated 12.3.2001. The relevant terms for the purpose of present applications are as under:-