Delhi High Court - Orders
Sicame India Connectors Private ... vs A. G. Enterprises Represented By Rakesh ... on 13 May, 2022
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:17.05.2022
13:01:38
$~45
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 318/2022 & I.As. 7553-56/2022
SICAME INDIA CONNECTORS PRIVATE LIMITED .... Plaintiff
Through: Mr. Pravin Anand, Advocate
versus
A. G. ENTERPRISES REPRESENTED BY RAKESH
DADU & ANR. ..... Defendants
Through: Mr. Manoj Arora, Advocate.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 13.05.2022
1. This hearing has been done through hybrid mode. I.A. 7555/2022 (for exemption)
2. Allowed, subject to all just exceptions. I.A. 7555/2022 is disposed of. I.A. 7554/2022 (for additional documents)
3. This is an application seeking leave to file additional documents under the Commercial Courts Act, 2015. The Plaintiff, if it wishes to file additional documents at a later stage, shall do so strictly as per the provisions of the Commercial Courts Act, 2015.
4. I.A. 7554/2022 is disposed of.
I.A. 7556/20225. This is an application seeking leave of the Court to place on record video recording in a CD-ROM. Rule 24 under Chapter XI of the Delhi High Court (Original Side) Rules, 2018 makes it clear that electronic records can be received in a CD/DVD/Medium encrypted with a hash value. The said Rule reads as under:
CS(COMM) 318/2022 Page 1 of 3 Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:17.05.2022 13:01:38"24. Reception of electronic evidence - A party seeking to tender any electronic record shall do so in a CD/ DVD/ Medium, encrypted with a hash value, the details of which shall be disclosed in a separate memorandum, signed by the party in the form of an affidavit. This will be tendered along with the encrypted CD/ DVD/ Medium in the Registry. The electronic record in the encrypted CD/ DVD/ Medium will be uploaded on the server of the Court by the Computer Section and kept in an electronic folder which shall be labeled with the cause title, case number and the date of document uploaded on the server. Thereafter, the encrypted CD/ DVD/ Medium will be returned to the party on the condition that it shall be produced at the time of admission/denial of the documents and as and when directed by the Court/ Registrar. The memorandum disclosing the hash value shall be separately kept by the Registry on the file. The compliance with this rule will not be construed as dispensing with the compliance with any other law for the time being in force including Section 65B of the Indian Evidence Act, 1872."
6. Thus, the Registry may receive electronic record on Pen Drives so long as it is encrypted with a hash value or in any other non-editable format. Accordingly, let the video recording be placed in a Pen Drive and the same to be loaded in the electronic record of the present suit in a format which is non editable, so that the same can be viewed by the court during hearing.
7. Accordingly, I.A. 7556/2022 is disposed of. CS(COMM) 318/2022 & I.A. 7553/2022
8. Mr. Pravin Anand, ld. Counsel for the Plaintiff seeks an adjournment on the ground that he would like to place on record some fresh documents. Mr. Manoj Arora, ld. Counsel appears for the Defendants and confirms that CS(COMM) 318/2022 Page 2 of 3 Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:17.05.2022 13:01:38 he has received a copy of the paperbook.
9. If any further documents are filed by the Plaintiff, let the advance copy of the same be served upon the Defendants.
10. List on 26th May, 2022 in supplementary list.
PRATHIBA M. SINGH, J.
MAY 13, 2022/aman/Sk CS(COMM) 318/2022 Page 3 of 3