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Paul Components Private Limited vs Hi Tech Arai Private Limited on 11 October, 2023

Author: C. Hari Shankar

Bench: C. Hari Shankar

                             $~49
                             *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                             +         CS(COMM) 374/2023
                                       PAUL COMPONENTS PRIVATE LIMITED        ..... Plaintiff
                                                   Through: Mr. Jayant Kumar, Adv.

                                                                            versus

                                       HI TECH ARAI PRIVATE LIMITED        ..... Defendant
                                                     Through: Mr. Aditya Gupta and Mr.
                                                     Sauhard Alung, Advs.

                                       CORAM:
                                       HON'BLE MR. JUSTICE C. HARI SHANKAR
                                                                            ORDER

% 11.10.2023 I.A. 19957/2023 (under Order XI Rule 3 of the CPC)

1. This is an application by the defendant under Order XI Rule 3 of the CPC.

2. Mr. Aditya Gupta, learned Counsel for the applicant/Defendant also invokes Rule 3 in Chapter VII of the Delhi High Court (Original Side) Rules 2018 to maintain this application.

3. Prayer (a) in this application seeks a direction to the plaintiff to permit inspection of the originals of the documents filed by the plaintiff in the present suit.

4. Inasmuch as the said documents were extensively relied upon, by the plaintiff, during the course of arguments in the interlocutory application before this Court, and this Court had in fact relied on the CS(COMM) 374/2023 Page 1 of 3 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/10/2023 at 12:35:45 said documents as well while passing the interim order, the prayer for inspection of the original of the documents is justified.

5. In view thereof, the prayer for inspection of the original of the documents filed by the plaintiff is allowed.

6. Prayer (b) in the present application seeks a direction to the plaintiff to provide inspection, by the defendant, of the digital versions of the documents which were sought to be proved as electronic records by the plaintiff's affidavits dated 29 May 2023 and 31 May 2023, in the format in which they were originally created along with the metadata of the respective digital documents.

7. Mr. Jayant Kumar, learned Counsel for the plaintiff, submits that some of these documents, especially photographs, may have been printed from existing photographs on the internet and that, therefore, the plaintiff may not have the original metadata of the photographs which were posted on the internet. Needless to say, the plaintiff can be directed to provide only data which is available with it.

8. Nonetheless, the prayer for seeking providing of meta data is in accordance with Order XI Rule 6 (4) and (6) of the CPC as amended by the Commercial Courts Act1.

6. Electronic Records --

***** (4) The parties relying on printouts or copy in electronic form, of any electronic records, shall not be required to give inspection of electronic records, provided a declaration is made by such party that each such copy, which has been produced, has been made from the original Electronic Record.

***** (6) Any party may seek directions from the court and the court may of its motion issue directions for submission of further proof of any electronic record including metadata or logs CS(COMM) 374/2023 Page 2 of 3 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/10/2023 at 12:35:45

9. Accordingly, prayer (b) is also granted to the extent that the plaintiff would provide inspection, by the defendant, of the digital versions in the format in which they were originally created, along with the metadata of the respective digital documents, to the extent available with the plaintiff, of the documents which have been sought to be introduced as electronic records by the plaintiff's affidavits dated 29 May 2023 and 31 May 2023.

10. The application stands disposed of.

11. Let the inspection be conducted before the learned Joint Registrar (Judicial) on 21 November 2023, when the matter is already listed.

C. HARI SHANKAR, J.

OCTOBER 11, 2023 dsn before admission of such electronic record.

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/10/2023 at 12:35:46