Rajasthan High Court - Jodhpur
M/S Ambuja Cement Ltd vs Jsw Cement Ltd on 4 October, 2018
Bench: Sangeet Lodha, Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN
JODHPUR
D.B. Spl. Appl. Writ No. 1070/2018
M/s Ambuja Cement Ltd.
----Appellant
Versus
JSW Cement Ltd & Ors.
----Respondent
Connected With
D.B. Spl. Appl. Writ No. 1353/2018
Mineral State Trading Corporation Limited (MSTC)
----Appellant
Versus
JSW Cement Limited & Ors.
----Respondent
For Appellant(s) : Mr. M.S.Singhvi, Sr. Advocate assisted
by Mr. Abhishek Mehta,
Mr. D.D.Thanvi, Mr. Mahesh Thanvi
Mr. Rajesh Joshi, Sr. Advocate
assisted by Mr. Rohit Mutha
For Respondent(s) : Mr. Sudhir Gupta, Sr. Advocate
assisted by Mr. Ramit Mehta, Mr.
Saurabh Maheshwari, Ms. Shweta
Chouhan
Mr. Rajesh Panwar, AAG
HON'BLE MR. JUSTICE SANGEET LODHA
HON'BLE MR. JUSTICE DINESH MEHTA Order 04/10/2018 Vide order dated 30.8.18 passed by this Court, the National Informatics Centre was directed to depute a responsible officer to visit MSTC office in Calcutta and obtain relevant data concerning e-auction held on 26.9.17 and submit a report. The Agency was (2 of 3) [SAW-1070/2018] directed particularly to access the log in and log out details and highlight the same in their report.
Vide communication dated 11.9.18, the National Informatics Centre has informed that the NIC as an independent organization, not associated with the development of e-portal system, does not have any knowledge about the e-portal system designed by the MSTC. It is informed that the Ministry of Electronics and Information Technology has notified four organizations as an expert to examine the electronic evidence for the purpose of providing expert opinion before the Court or other authority.
Learned counsel appearing for the parties submit that any of the agencies notified by the Central Government may be appointed for examination of the data of MSTC in respect of e- auction in question as directed by this Court vide order dated 30.8.18.
Accordingly, we appoint Computer Forensic and Data Mining Laboratory under Serious Fraud Investigation Office, Ministry of Corporate Affairs, New Delhi, as examiner of the data maintained by the MSTC for e-auction in question. The said Agency shall access the server of the MSTC and submit the report in terms of the directions issued by this Court vide order dated 30.8.18.
A copy of this order and the order dated 30.8.18 may be sent to the Computer Forensic and Data Mining Laboratory under Serious Fraud Investigation Office, Ministry of Corporate Affairs New Delhi, forthwith. The necessary exercise shall be conducted by the said Agency latest by 19.11.18. The report shall be submitted before the Court on or before 26.11.18. The Chief Executive Officer of the said Agency shall ensure the compliance of the directions issued by this Court as aforesaid.
(3 of 3) [SAW-1070/2018] The matters may be listed before the Court on 28.11.18, as prayed.
(DINESH MEHTA),J (SANGEET LODHA),J
Rp26-27
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