Delhi High Court - Orders
Pepsico Inc. & Anr vs Ramdev Industries on 29 November, 2022
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~18
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 540/2022
PEPSICO INC. & ANR. ..... Plaintiffs
Through: Mr. Darpan Wadhwa, Mr. Manish K.
Jha, Ms. Avni Sharma & Mr. Amer
Vaid, Advocates.
versus
RAMDEV INDUSTRIES ..... Defendant
Through: Mr. Arnav Goyal, Advocate.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 29.11.2022
1. Mr. Attul Bhuchar, Local Commissioner appointed by the Court, seeks the leave of the Court to place on record a video recording in a CD- ROM made by him during execution of the commission. Rule 24 of Chapter XI of Delhi High Court (Original Side) Rules, 2018 makes it clear that electronic records can be received in CD/DVD/Medium encrypted with a hash value. The said Rule is extracted below: -
"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 Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:29.11.2022 19:05:13 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."
[Emphasis supplied]
2. Thus, the Registry may receive electronic record on CD-ROM so long as it is encrypted with a hash value or in any other non-editable format. Accordingly, let the video recording contained in CD-ROM be placed 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.
3. Counsel for Defendant states that arguing main counsel is held up in another court in Chandigarh.
4. Re-notify for case management on 20th March, 2023.
5. Interim order(s) to continue.
SANJEEV NARULA, J NOVEMBER 29, 2022/PS Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:29.11.2022 19:05:13