Non-Compete Drafting

The governing reality is Section 27 of the Indian Contract Act, which renders agreements in restraint of trade void, with limited exceptions. The practical consequence is that a post-employment non-compete that simply bars an ex-employee from working for competitors is, in most cases, not going to hold. Our team knows where the enforceable ground actually lies, and we draft toward it rather than against it. Restraints that operate during employment stand on firmer footing than those that bite afterward, and protections framed around confidentiality, non-solicitation of clients and employees, and the safeguarding of trade secrets are far more defensible than a blanket ban on competition.

What distinguishes Law Mahaguru is honesty about what will and will not work, paired with creativity about what will. Rather than handing you an aggressive clause that collapses in court, we build a layered protection: a tightly drafted confidentiality obligation, a non-solicitation covenant scoped to a reasonable period and a defined set of clients or colleagues, robust intellectual-property assignment, and, where it genuinely fits, a carefully limited non-compete that has the best available chance of holding. The goal is enforceable protection, not impressive-looking but hollow language.

We also tailor the restraints to the person and the risk. The covenants appropriate for a senior executive with access to strategy and key relationships differ from those for a junior employee, and a court is far more sympathetic to reasonable, proportionate restrictions than to sweeping ones. We calibrate scope, duration, and geography to what a forum is likely to accept.

Our clients include companies protecting sensitive know-how and client relationships, founders securing their business against departing co-founders or key hires, and firms reviewing covenants that they suspect would not survive a challenge. Each receives restraints drafted for the law that will actually judge them.

A non-compete is only worth the protection it can deliver in practice. Law Mahaguru drafts yours to deliver. Tell us what you need to protect and from whom, and we will build covenants that hold up where it matters.