TERIX COMPUTER SERVICE INDIA PVT LTD vs M/S TPM GURU PRIVATE LTD & ORS.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 28/02/2026 + CS(COMM) 783/2025 TERIX COMPUTER SERVICE INDIA PVT LTD .....Plaintiff Versus M/S TPM GURU PRIVATE LTD & ORS. .....Defendants Advocates who appeared in this case For the Plaintiff : Mr. Prashant Mehra and Ms. Paridhi Chhibber, Advocates. For the Defendants : Mr. Vyom Raghuvanshi, Ms. Akanksha Rathore and Mr. Nitin Bhardwaj, Advocates for D1, 2, 3, 7, 8 & 9. CORAM: HON'BLE MR. JUSTICE TEJAS KARIA JUDGMENT TEJAS KARIA, J I.A. 27016/2025 1. Defendant Nos. 1, 2, 3, 7, 8 and 9 (“Defendants”) have filed the present Application under Section 8 of the Arbitration and Conciliation Act, 1996 (“Act”) to dismiss the Suit and refer the dispute in the Suit to arbitration and appoint a Sole Arbitrator for adjudication of the disputes that have arisen between the Parties. Signature Not Verified CS(COMM) 783/2025 Page 1 of 31 Signed By:NEELAM SHARMA Signing Date:28.02.2026 17:42:20 CONTROVERSY IN THE SUIT: 2. The Plaintiff is engaged in the business of providing hardware and software maintenance services to customers across the globe. It is the Plaintiff’s case that the Plaintiff manages its business by using various proprietary tools and software it developed in USA, Canada and India beginning in 2002 and are at the core of its business to provide IT services to its various clients. 3. According to the Plaintiff, during the fourth quarter of the financial year 2020-21, the Plaintiff allegedly observed a sharp and unexplained decline in contract renewal business. Upon conducting independent enquiries to ascertain the cause, it was allegedly revealed that the Defendants, acting in concert and without the knowledge of the third director, Ms. Christine Appleby, had unlawfully diverted several of the Plaintiff’s