Breach of nda/confidentiality agreement
Dhruv
(Querist) 30 October 2013
This query is : Resolved
Dear Members,
My client has disclosed certain information to me in course of initiating legal proceedings; information which is covered under a NDA/confidentiality agreement.
In response to a notice informing the other party of the same, they have responded by stating that the NDA restricts him (my client) from initiating legal proceedings as this would involve violation of the terms of the said agreement.
I am aware that such a claim will not stand in light of Section 28 of the Contract Act. However I am searching for a case law stating the same as the plea might be taken up before the court.
Any help will be appreciated. Awaiting your response.
Regards,
Dhruv
Raj Kumar Makkad
(Expert) 31 October 2013
Dhruv Sir! Actually we don't provide judgments here as this shall open a pandora and lawyers all over India shall become idle and shall every time depend over this site and experts providing charity time here.
You are advised to please go through indiankanoon site for this purpose.
Rajendra K Goyal
(Expert) 31 October 2013
Agree with expert raj kumar makkad ji, search indiankanoon.com.
Dhruv
(Querist) 31 October 2013
Dear Members,
I wouldn't have asked you this query without exhausting all possible means. Not only have a I searched indiankanoon but several other databases for several hours.
The answer is quite obvious, though I was hoping to find a case where a party tried to use the NDA as a restraint on filing suit as commencing with legal proceedings would involve disclosing certain information to at least your advocate.
I also approached it from the perspective of Order 7 Rule 11(a) of the CPC, i.e. rejection of plaint. To disclose cause of action one would need to disclose "every fact which would be necessary for the plaintiff to prove if traversed, in order to secure his right of judgement."
Any other legal analysis if you do not wish to disclose case law?
Devajyoti Barman
(Expert) 01 November 2013
you try to get case laws on section 27 of contract act.
Dhruv
(Querist) 01 November 2013
Dear Mr. Raj Kumar, I think you mean "Pandora's Box" as "Pandora" is the name of a Greek deity.
Mr. Devajyoti, Section 27 deals with restraint on trade/profession. Anyone who google's the words 'confidential' and 'restraint' will get a bunch of cases dealing with that section.
What exactly is this forum for as I don't see anyone real help here. Either you do not know or you choose to not help.
Devajyoti Barman
(Expert) 01 November 2013
This place is not for ungrateful and rude people like you.
