IN THE COURT OF SENIOR CIVIL JUDGE, LAHORE.

Civil Suit No.________/2006

M/s Abacus Consulting Technology (Private) Limited, Abacus House, 4 Noon Avenue,
Muslim Town, Lahore
...PLAINTIFF

VERSUS
1.

Mr. Kamran Ali Khan, 71-G II Model Town, Lahore.

2.

NetSol Technologies Limited, NetSol IT Village (Software Technology Park),

NetSol Avenue, Ghazi Road, Lahore Cantt. 54792
....DEFENDANTS

SUIT FOR DECLARATION AND PERMANENT INJUNCTION

Respectfully Submitted:
1. That the Plaintiff is a company incorporated in accordance with the laws of
Pakistan and is carrying out the business of providing consultancy services
_____________________. The instant suit is being filed through Mr.
_____________, ___________ of the Plaintiff Company, who has been duly
authorized in this behalf and being fully aware of the relevant facts can depose
thereto.

2. That the Defendant No.1 is the former employee of the Plaintiff Company and is
currently working as Senior Vice President, Head of Business Intelligence
Consulting for Defendant No.2 Company.
3. That

the

Plaintiff,

through

Permanent

Employment

Contract

Letter

No. PwC/ADMN-366 dated October 22, 2002 (the Employment Contract),

appointed Defendant No.1 as Assistant Vice President to work in the Plaintiffs
Customer Relationship Management Solutions Consulting (CRMS) Practice Area
with effect from November 25, 2002. The entire terms and conditions of
Defendant No.1s employment were contained in the Employment Contract and
were duly accepted by the said Defendant on October 26, 2002 as per his
signature affixed thereon on the said date. A copy of the Employment Contract
dated October 22, 2002 is appended herewith as Annex-A.
4. That in terms of Clause (j) of the Employment Contract, Defendant No.1 was
expressly prohibited from taking up employment with any professional or
consultancy organization or the Plaintiffs competitors, or from carrying out any
advisory work in an independent capacity, in Pakistan for a period of eighteen
(18) months from the date of expiry of the Employment Contract or its
termination for whatever reason.
Clause (j) of the Employment Contract of Defendant No.1 is reproduced below
for ready reference:
(j)
You shall not practice or perform advisory work on your own or take-up
employment with any professional or consultancy organization or our Companys
competitor in Pakistan for a period of eighteen (18) months from the date of
expiry of this contract or termination of this contract for whatever reason.

5. That Clause (h) of the Employment Contract imposed an additional obligation

upon Defendant No.1 to maintain complete confidentiality, both during the course
of his employment and even thereafter, with respect to such secrets of the Plaintiff
and its clients or associates as may have come to the knowledge of Defendant

No.1 during the course of his employment with the Plaintiff. The Employment
Contract imposed an additional obligation upon Defendant No.1 not to divulge
any information related either to the Plaintiffs business or interests or that of its
clients and associates to any unauthorized person. In particular, the aforesaid
Clause (h) prohibited Defendant No.1 from utilizing any secret or confidential
knowledge or information acquired by him during his employment with the
Plaintiff to the detriment or prejudice of the Plaintiff or any of its clients or
associates.
Clauses (h) of the Employment Contract of Defendant No.1 is reproduced below
for ready reference:
(h)
You shall keep the secrets of this Company and Companys clients or
associates, in which you may become involved or engaged in any form at any
time both during the period of your employment thereunder and at all times, after
the termination thereof, and shall not divulge any matters or things relating to
the business or interest of this Company or any such Companys clients or
associates to any unauthorized person or utilize any secret or confidential
knowledge or information acquired by you in consequence of your employment
thereunder to the detriment or prejudice of the Company or any such Companys
clients or associates.
.

6. That by virtue of these clause

7. That the Defendant No.1 submitted his resignation to the Plaintiff on December
15, 2005 whereupon the Plaintiff promptly cleared all his outstanding dues. In this
regard copies of documents evidencing payment by the Plaintiff of Defendants
outstanding dues are appended herewith as Annex-B.
8. That subsequently the Plaintiff discovered that Defendant No.1 is now working as
Senior Vice President, Head of Business Intelligence Consulting, for one of the
Plaintiffs competitors in Pakistan, namely, NetSol Technologies Limited, NetSol
IT Village (Software Technology Park)/Defendant No.2. It is respectfully
submitted that this is in flagrant violation of the Employment Contract as in terms
of Clause (j) thereof the Plaintiff is expressly restrained from entering into any
such employment for a period of eighteen months from the date of termination of

the Employment Contract. The aforesaid period has not lapsed. In addition, the
Plaintiff has come to know through some of its established clients that Defendant
No.1 has been trying to solicit business from them which is contrary to the
obligations imposed upon Defendant No.1 in terms of Clause (h) of the
Employment Contract. Solid evidence of such solicitations forwarded to the
Plaintiff by some of its concerned clients is appended herewith as Annex-C.
*****

4.
It is regrettable to note that you are not only in breach of your contractual
obligation to our Client but are also acting in a manner which is detrimental and
prejudicial to the interests of our Client as well as its clients and associates. It is reiterated
that each of the aforementioned acts constitutes a serious breach of the terms and
conditions of the Employment Contract.
5.
Accordingly, you are hereby called upon to comply with the terms and conditions
of the Employment Contract, Clauses (h) and (j) thereof in particular, and to immediately
cease and desist from acting in any capacity, whether as an employee, agent or adviser for
NetSol. Furthermore, you are called upon to desist from seeking any involvement or
engagement, whether as a principal, employee, agent, adviser or in any other capacity in
any business or consultancy activities in direct or indirect competition with our Client in
Pakistan in terms of Clause (j) of the Employment Contract. In addition, you are also
called upon to desist from making any solicitations to any of our Clients clients in the
future. You are reminded of your obligation to return to our Client immediately all
materials in your possession on account of your employment with our Client as well as
copies thereof acquired by you. In particular, you are called upon to return the SAS
Training CDs, SAS Installation CDs and Installation Foundation Solutions CDs which
are our Clients exclusive property and are presently in your custody. You are further
called upon to provide an express undertaking to our Client that after returning the
aforesaid material and all copies thereof to our Client no further copies remain with you.
You are hereby called upon to respond to this notice and act in accordance with its terms
within seven (7) days of the receipt hereof, failing which we have clear instructions from
our Client to initiate legal action against you in a court of competent jurisdiction.