1. By this petition filed under Section 9 of the Arbitration and
Conciliation Act, 1996, the petitioner has asked for different
interim ex parte reliefs against respondent Nos.1 and 8. The
petitioner says that the respondents are wrongly using and
disclosing its confidential and proprietary information and are also
approaching its clients and employees in breach of their
contractual obligations. According to the petitioner, these acts are
causing serious and irreparable loss to its business. It has therefore
prayed that the respondents be restrained from doing so till the
arbitration proceedings are finally decided, the arbitral award is
made, and the award is fully enforced.
2. According to the petitioner, the facts leading to the present
petition are as follows. Respondent No.1 was working with Parekh
Marketing Limited and his service conditions were governed by his
appointment letter dated 20 August 1998. On 6 July 2017, Parekh
Marketing Limited entered into a Business Transfer Agreement
with ATS Global B.V., under which the business of Sarla
arbp611-2025 with ial18920-2026.doc
Technologies was transferred. Thereafter, on 24 August 2017,
respondent No.1 sent an email to the employees of Sarla
Technologies informing them about the business transfer and
stating that their existing terms of employment would continue
without any change. On 1 September 2017, Sarla Technologies
was merged with the petitioner, which is a wholly owned
subsidiary of ATS Global B.V. Respondent No.1 was thereafter
appointed as the Managing Director and Chief Executive Officer of
the petitioner under a fresh Employment Agreement dated 21
September 2017. The petitioner further states that in June 2022
respondent No.2 exported company contacts from his official
laptop. It is the case of respondent No.1 that around July 2023 he
was asked by the Chairman of ATS to sign an agreement with a
back date of October 2017, but he refused. According to
respondent No.1, in August 2023 he was also forced to leave the
petitioner company after being promised a separation package of
more than Rs.2 crores. Between 3 November 2023 and 9
November 2023, emails were exchanged between Mark McCoy,
respondent No.1 and Kevin Partington regarding the formula for
the proposed separation agreement. On 22 November 2023, the
services of respondent No.1 came to be terminated. Thereafter, by
a letter dated 19 December 2023, the petitioner alleged that
respondent No.1 had misappropriated an amount of
Rs.27,77,629/-. The petitioner also stated that an audit was in
progress and, after adjusting the said amount, only Re.1 would be
payable to respondent No.1. On 11 February 2024, respondent
No.8, namely Percivon Technologies, was incorporated as a private
arbp611-2025 with ial18920-2026.doc
limited company under the Companies Act, 2013. The petitioner
further states that on 6 May 2024 respondent No.9 forwarded
confidential information from his official email account to his
personal email account. The services of respondent No.9 came to
an end on 11 June 2024, and he joined Percivon Technologies in
February 2025. Similarly, respondent No.5 left the petitioner on 12
June 2024 and joined Percivon Technologies in July 2024.
