IN THE COURT OF SENIOR CIVIL JUDGE, LAHORE.

Civil Suit No.________/2007

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

VERSUS
Mr. Waqas Yousaf, R/o 110-B, P.C.S.I.R (II), Near Shaukat Khanam Hospital, Lahore
....DEFENDANT

SUIT FOR SPECIFIC PERFORMANCE AND

PERMANENT INJUNCTION
Respectfully Sheweth:

1.

That the Plaintiff Company is a private limited company incorporated under the
laws of Pakistan and is engaged in the business of rendering three broad types of
services, namely consulting services, technology services and outsourcing
services. The instant suit is being filed through Mr. Ali Shaukat, a Diretor of the
Plaintiff Company, who has been duly authorized in this behalf and, being fully
aware of the relevant facts, can depose with respect thereto.

2.

That for over 18 years, the Plaintiff Company has been offering cutting-edge
business solutions helping organisations to transform their visions into realities
through a combination of latest business methodologies and technological tools.
The business value offered by the Plaintiff Company has a deep scale, is industry
focused and technology driven with a world class delivery capability.

3.

The Plaintiff Company offer a wide range of products and services including
strategic consulting, social development services, financial and investment
advisory, business process improvement and information technology products and
services (including SAP Implementation, Data Warehousing and Data Mining,
Custom-Developed ERP Suite and Enterprise Assets Management Solutions). In
the course of providing these services effectively, the Plaintiff Company possesses
confidential business information that is used by it to obtain an advantage over
competitors or customers. The protection of such type of information from public

disclosure is viewed as an important legal aspect by which a society protects its

overall economic vitality.
4.

That the Plaintiff Company protects this confidential information, amongst others,
through non-compete non-disclosure clause contained in its employment contract.
The Plaintiff Company invests time and energy into generating information
regarding refinements of operation. If the Plaintiff Companys clients or
competitors had access to the same knowledge, the Plaintiff company's ability to
survive or maintain its market position would be impaired.

5.

That Defendant is a former employee of the Plaintiff and is proceeding to join

___________, one of the Plaintiff Companys clients. The Plaintiff, through
Permanent Employment Contract Letter No. AC/B1-565 dated November 10,
2006 (hereinafter referred to as the Employment Contract), employed
Defendant as Consultant to work in the Plaintiffs Information Technology
Solutions (ITS) business area with effect from November 13, 2006. The entire
terms and conditions of Defendants employment are contained in the
Employment Contract and were duly accepted by Defendant on November
13, 2006 upon his countersigning the Employment Contract on the said date. A
copy of the Employment Contract is appended herewith as Annex-B.
In addition, the Defendant signed the Plaintiff Companys Statement of Ethics and
committed to bind himself with it. A copy of the said Statement has been
appended herewith as Annex-C.

6.

That Defendant submitted his resignation to the Plaintiff on __________, and

intimated the Plaintiff of his proposed employment with __________, one of the
Plaintiff Companys clients. It is noteworthy that in terms of Clause (i) of the
Employment Contract, Defendant was expressly prohibited from taking up
employment with any of the Plaintiff Companys client without its express
consent. The said Clause (i) of the Employment Contract provides in relevant
part:
(i)

You shall not initiate employment discussions, nor shall you take up an

employment with a client or a prospective client of the Company without our

prior written consent.

Documents including __________________ evidencing the Plaintiff Company

business and contractual relationship with ________ have been appended
herewith as Annex-D, D/1 and D/__
7.

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

upon the Defendant 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 the Defendant
during the course of his employment with the Plaintiff. The said Clause (h)
requires the Defendant not to divulge any information related either to the
Plaintiffs business or interests or that of its clients and associates to any

unauthorized person, and also prohibits the Defendant 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. The said Clause (h) 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.

8.

9.

That by virtue of the aforementioned negative covenants contained in the

Employment Contract, the Defendant is under an obligation, inter alia, not to
accept any other employment with the Plaintiffs client without its prior written
consent. That the Defendant has unequivocally stated before the Plaintiff
Company its plan to join ________ that this is in flagrant violation of the
Employment Contract as in terms of Clause (i) thereof the Defendant is expressly
restrained from entering into any such employment without the Plaintiff
Companys prior consent.
That the Plaintiff Company anticipates that the Defendant will use the confidential
information acquired by him during the course of his employment with the
Plaintiff to its detriment and prejudice by disclosing such information to
Plaintiffs competitors.

10.

That the Plaintiff has time and again asked the Defendant to comply with the
terms and conditions of the Employment Contract, Clause (h), (i) and (j) thereof.
However, the Defendant has categorically refused to meet the lawful demands of
the Plaintiff. The Plaintiff is therefore constrained to file the instant suit before
this learned Court.

11.

That the cause of action firstly arose in favour of Plaintiff Company and against
the Defendant, when Defendant was employed by the Plaintiff on 13 November,
2006, and pursuant thereto the Defendant signed and accepted the terms of the
Employment Contract. The cause of action further arose when the Defendant in
flagrant violation of the Employment Contract accepted employment with
________, one of Plaintiff Companys clients, in violation of the terms of the
Employment Contract. The cause of action further arose when the Defendant
refused to accede to the request of the Plaintiff Company, and it continues to date.

12.

That the Defendant and Plaintiff are residents of Lahore, therefore, this learned
Court has the jurisdiction to adjudicate upon the lis.

13.

That the value of the suit for the purposes of valuation and court fee is fixed at
Rs.10,000/-, which is exempt from court fee.

PRAYER
In view of foregoing submissions, it is most respectfully prayed from this learned Court
that a Decree for specific performance and permanent injunction may kindly be passed
in favour of the Plaintiff Company and against the Defendant in following terms:
I.

That Defendant may kindly be ordered to perform the negative covenants

contained in the Employment Contract with the necessary effect that Defendant
may kindly be restrained from starting his employment with _________.

II.

That Defendant may kindly be ordered to terminate all its commercial

relationships that have resulted on account of breaches of the Employment
Contract by Defendant and to make full disclosure to the Plaintiff of all gains
made as a result of such breaches.
Any other relief to which the Plaintiff is entitled in particular circumstances of this case
may also be granted to the Plaintiff.
Plaintiff Company
Through

SALMAN AKRAM RAJA

MA. (Cambridge), LL.M (London)
LL.M. (Harvard)
Advocate Supreme Court

NADEEM SHAHZAD
Advocate High Court

WASIF MAJEED
Advocate High Court

ASAD JAMAL
Advocate High Court

AHSAN MAHMOOD
Advocate High Court

RAJA MOHAMMED AKRAM & CO.

ADVOCATES & LEGAL CONSULTANTS
33-C Main Gulberg, Lahore

Verification
It is verify on oath at Lahore on ______that the contents of the suit from paras 1 to___
are true and correct to the best of my knowledge and belief and information in paragraphs
___to___ are believed to be correct based on information received by me and believed by
me to be correct and true.
Plaintiff Company