24th September 2014

Our ref:AM:TBR:A-6905/2014

Mr. M. Jayakrishnan,
No. 353/A, Lakshmi Krupa,
15th ‘A’ Cross,
Mahalakshmi Layout,
Bangalore 560 086.

Dear Sir,

We act for our Client, Fowler Westrup (India) Private Ltd. (hereinafter
‘Client’ or the ‘Company’) on whose instructions we put you on notice as under.

Client instructs that you were appointed as General Manager-Projects

(Silo Division) in its service vide appointment letter dated 5 th July 2012, on the
terms and conditions contained therein. Client further instructs that during
your tenure at the Company, you were trained on the job at various customer
places to learn and understand the business relating to silo products, which
enabled you to obtain the requisite business skills. Client also instructs that
that you had visited Client’s collaborator company, namely M/s Silos Cordoba
located in Spain, in order to understand the work involved in the business of
silo products.

For the purposes of your job, and in your senior position, not only did
you have access to all confidential information pertaining to silos, you were
also made aware of the entire customer base of Client, technical know-how,
cost and selling prices, business strategy of Client and all other information
pertaining to Client’s silo products.

Client informs us that after receiving your appointment letter, you entered
into a Secrecy Agreement (hereinafter referred to as the ‘Agreement’) dated 24 th
July 2012 with Client, accepting and acknowledging the terms contained
therein. The relevant clauses of the Agreement are as follows:

“1….
c. Jaya Krishnan hereby confirms, undertakes and acknowledges
that he shall hold the documents as also the property, including
technical know-how etc., disclosed/to disclosed/ obtained as
aforesaid in any other form, in trust and exclusively for the benefit of
the Company and shall keep it absolutely secret and use it wholly
and exclusively for the Company as long as he is in the said service
of the Company and shall not during service and for a period of
three years after cessation thereof for any reason whatsoever
disclose it directly or indirectly to any other part without obtaining
prior written permission of the Company which permission the
Company may in its absolute discretion refuse without assigning
any reasons, which refusal Jaya Krishnan shall not, nor shall he be
entitled to, call in question.

2. Without prejudice to the generality of Clause 1, Jaya Krishnan

shall in particular, be deemed to have disclosed to or used for the
benefit of third parties, the said property if within a period of three
years after the date of cessation for any reason whatsoever of his
employment with the Company he engages himself in any capacity
either directly or indirectly in any concern either of his own or
belonging to someone else carrying on and/ or intending to carry on
business competing with the business of the company in the
manufacture or sale of any of the Company’s products in the making
of which the property is used or applied.

3. …..
4…….
5. The Employees shall not take up any employment or engage in
business for a period of 3 years from the date of termination of his
service of cessation or employment with the company under any
organisation engaged in a business which is identical with or similar
to that of Fowler Westrup. Further the employee shall not directly or
 indirectly associate himself either as an employee or consultant or in
any other capacity with any individual or organisation for the same
business area/field as that of Fowler Westrup. ”

In terms of the above mentioned clauses of the Agreement, you

agreed not to disclose the information/knowledge, skill, technical know-
how obtained from Client and you undertook to and promised Client
that you would not divulge the confidential information or disclose any
information relating to the affairs, business and other activities whether
manufacturing or not, to any other party. You also undertook not to
take up any employment or engage in business for a period of three
years from the date of cessation of service under any organization
engaged in the business, identical or similar to that of the Client.

Client informs us that, you voluntarily resigned from the services

of Client by issuing a letter of resignation dated ______ with effect from
30th September 2013. Subsequently, due to your close association with
M/s Silos Cordoba, you turned Client’s collaborator into a competitor
by misguiding them and disclosing Client’s confidential information and
thereafter joined the services of M/s Silos Cordoba in their office at
Bangalore. In doing all of this you have been and are in breach of the
terms of the Agreement. It has also comes to Client’s notice that you
have stolen confidential information /knowledge and the customer base
of Client.

Client also informs us that consequent to them coming to know of

your actions, a police complaint was registered against you for criminal
breach of trust and cheating. You were summoned before the Sub-
Inspector of Police, Mallur Police Station for enquiry. In the course of
the enquiry against you, you admitted that you have been working with
M/s Silos Cordoba after being relieved from the services of Client.
 Due to your actions, Client informs that the Company has suffered
loss of confidential information which is proprietary and secret, and has
also suffered irreparable harm and injury to its reputation, for which
monetary relief alone will not suffice.

Therefore, in light of the foregoing, you are called upon to:

1. forthwith tender an apology to Client and immediately comply

with your obligations under the Agreement; and
2. in particular forthwith return the confidential information stolen
by you from Client.

Failing such compliance, Client will be constrained to institute

legal proceedings against you, both civil as well as criminal, without
further reference to you and at your entire risk as to costs and
consequences.

Yours faithfully,