ZAFAR, IQBAL & RAJA

ADVOCATES AND LEGAL CONSULTANTS

33-C Main Gulberg
Lahore, Pakistan
Tel.: (042) 575-0074 and (042) 575-0208
Fax: (042) 575-0175
E-mail: zir@zirlaw.com
Website: www.zirlaw.com
Walid Iqbal

Salman Akram Raja

BY REGISTERED A.D.
March 16, 2006
Mr. Kamran Ali Khan
71-G II Model Town
Lahore
Subject:

LEGAL NOTICE

Dear Sir,
We have been instructed by our client M/s Abacus Consulting Technology (Private)
Limited, Abacus House, 4 Noon Avenue, Muslim Town, Lahore (hereinafter referred
to as our Client) to serve a legal notice upon you in the following terms.
1.
That our Client, through Permanent Employment Contract Letter
No. PwC/ADMN-366 dated October 22, 2002 (hereinafter referred to as the
Employment Contract), appointed you as Assistant Vice President to work in its
Customer Relationship Management Solutions Consulting (CRMS) Practice Area
with effect from November 25, 2002. The entire terms and conditions of your
employment are contained in the Employment Contract and were duly accepted by
you on October 26, 2002 as per your signature affixed thereon on the said date.
2.
In terms of Clause (j) of the Employment Contract, you are expressly
prohibited from taking up employment with any professional or consultancy
organization or our Clients 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 (h) of the Employment Contract imposes an additional obligation upon you to
maintain complete confidentiality, both during the course of your employment and
even thereafter, with respect to such secrets of our Client and its clients or associates
as may have come to your knowledge during your employment with our Client. You
are also under an obligation not to divulge any information related either to our
Clients business or interests or that of its clients and associates to any unauthorized
person. In particular, the aforesaid Clause (h) prohibits you from utilizing any secret
or confidential knowledge or information acquired by you during your employment
with our Client to the detriment or prejudice of our Client or any of its clients or
associates.
3.
That you tendered your resignation to our Client on December 15, 2005
whereupon our Client cleared all your outstanding dues. Our Client has now come to
know that you are working as Senior Vice President, Head of Business Intelligence

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Consulting, for one of our Clients competitors in Pakistan, namely, NetSol
Technologies Limited, NetSol IT Village (Software Technology Park), NetSol Avenue,
Ghazi Road, Lahore Cantt. 54792 (hereinafter referred to as NetSol). This is in
flagrant violation of the Employment Contract as in terms of Clause (j) thereof you
are restrained from entering into any such employment for a period of eighteen
months from the date of termination of the Employment Contract. In addition, our
Client has now also come to know through some of its established clients that you
have been trying to solicit business from them which is contrary to the obligations
imposed upon you in terms of Clause (h) of the Employment Contract. You may note
that our Client possesses solid evidence of such solicitations as the concerned clients
have forwarded your messages to our Client.
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.
A copy of this legal notice has been retained at our office for reference and further
necessary action.
Yours truly,
Salman Akram Raja
Advocate High Court
Cc:

NetSol Technologies Limited

NetSol IT Village (Software Technology Park)
NetSol Avenue, Ghazi Road

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Lahore Cantt. 54792