Proof Of Performance Pvt. Ltd v. Rahul Mishra & ANR.

$~23 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P.(I) (COMM.) 483/2016 PROOF OF PERFORMANCE PVT. LTD ..... Petitioner Through:

Mr Vinit Trehan, Advocate.

versus RAHUL MISHRA & ANR.

..... Respondents Through

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 08.02.2017 At the last hearing on 04.01.2017, respondent no.2 was present in the Court and had confirmed that he would not use the Confidential Information including the Stringer Database, Source Code of the Unique Audit Software and the Client Database prepared by the petitioner. It was also submitted that respondent no.2 is no longer involved in the activities as alleged by the petitioner. An affidavit to the aforesaid effect has been filed by respondent no.2 and the same is taken on record.

None appears for respondent no.2 although it is stated by the learned counsel for the petitioner that respondent no.1 has been served. In the aforesaid circumstances, the order passed on 04.01.2017 is made absolute till the conclusion of the arbitral proceedings. This order is subject to the petitioner invoking the arbitration clause and ensuring that the arbitral tribunal is constituted within a period of 90 days from today. O.M.P.(I) (COMM.) 483/2016

The petition is disposed of.

VIBHU BAKHRU, J FEBRUARY 08, 2017 MK O.M.P.(I) (COMM.) 483/2016