Delhi High Court - Orders
Warner Bros. Entertainment Inc. & Ors vs Doodstream.Com & Ors on 15 July, 2024
$~25
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 234/2024 & I.A. 6322/2024, I.A. 33264/2024
WARNER BROS. ENTERTAINMENT INC. & ORS. .....Plaintiffs
Through: Mr. Suhasini Raina, Mr. Raghav
Goyal, Mr. Ayush Saxena & Mr.
Mehr Sidhu, Advocates.
Email:
[email protected].
Mob: 8800641101
versus
DOODSTREAM.COM & ORS. .....Defendants
Through: Mr. Ashutosh, Advocate with Mr.
K.S. Elangovan, Mr. Rohit, Mr.
Shalan Mehta, Advocates
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
ORDER
% 15.07.2024 I.A. 33264/2024 (Seeking Permission to file Pen Drive)
1. This is an application seeking permission to file the CD/pen drive containing evidence and video clips capturing the continuous infringing activities of the defendants, in violation of order dated 13th May, 2024.
2. Rule 24 of Chapter-XI of the Delhi High Court (Original Side) Rules, 2018 make it clear that electronic records can be received in CD/DVD/Medium encrypted with a hash value. The said rule is extracted as 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 Signature Not Verified Digitally Signed By:AMAN UNIYAL Signing Date:16.07.2024 19:39:52 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."
3. Accordingly, Registry may receive electronic record on CD/pen drive, so long as it is encrypted with a hash value or in any other non-editable format. The video recording containing the CD/pen drive 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.
4. Application is disposed of.
I.A. 6322/2024 (for appointment of Local Commissioner)
5. Learned counsel appearing for the defendants submits that some time may be granted to file reply to the present application.
6. Let reply be filed within a period of two weeks. Rejoinder thereto, if any, be filed within a period of one week, thereafter.
7. Re-notify on 9th August, 2024.
MINI PUSHKARNA, J JULY 15, 2024 ak Signature Not Verified Digitally Signed By:AMAN UNIYAL Signing Date:16.07.2024 19:39:52