Delhi High Court - Orders
Nokia Technologies Oy vs Verifone India Sales Private Limited & ... on 29 May, 2024
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~17
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 465/2024
NOKIA TECHNOLOGIES OY ..... Plaintiff
Through: Ms. Abhilasha Nautiyal, Mr. Aditya
Gupta, Mr. Shuvam Bhattacharya and
Mr. Neilotpal Mukhopadhyay,
Advocates.
versus
VERIFONE INDIA SALES PRIVATE LIMITED & ORS.
..... Defendants
Through: Mr. Prithvi Singh and Ms. Devyani
Nath, Advocates.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 29.05.2024 I.A. 30768/2024 (seeking exemption)
1. Exemption is granted, subject to all just exceptions.
2. Plaintiff shall file legible and clearer copies of exempted documents, compliant with practice rules, before the next date of hearing.
3. Disposed of.
I.A. 30769/2024 (seeking leave to file additional documents)
4. This is an application seeking leave to file additional documents under the Commercial Courts Act, 2015.
5. Applicant, if it wishes to file additional documents at a later stage, shall do so strictly as per the provisions of the said Act.
6. Disposed of.
CS(COMM) 465/2024 Page 1 of 4This 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 30/05/2024 at 22:46:29 I.A. 30770/2024 (u/O II Rule 2 of CPC)
7. Issue notice. Mr. Prithvi Singh, Advocate, accepts notice on behalf of Defendants.
8. Reply, if any, be filed within six weeks from today. Rejoinder thereto, if any, be filed within four weeks thereafter.
9. Re-notify on 10th September, 2024.
I.A. 30771/2024 (seeking leave to file confidential documents)
10. Issue notice. Mr. Prithvi Singh, Advocate, accepts notice on behalf of Defendants.
11. Mr. Singh submits that no reply to the application is necessary as he has no objection to the documents mentioned in Paragraph No. 6 of the application to be kept confidential, as long as Plaintiff were to provide the unredacted version of the said documents in the original form to the Defendants. He states that Defendants shall be bound by the confidentiality clause contained in the Non-Disclosure Agreement dated 05th October, 2022 (amended on 03rd April, 2023) signed with Plaintiff.
12. In light of the above, the application is allowed with following directions:
(i) Plaintiff is directed to furnish copy of documents mentioned in Paragraph No. 6 of the instant application to Defendants as observed above.
(ii) Redacted version of Document 1 and 2 are taken on record.
(iii) Unredacted version of aforenoted documents be filed electronically in a CD-ROM in terms of Rule 24 of Chapter XI of the Delhi High Court (Original Side) Rules, 2018, which makes it clear that electronic records can be received in CD/DVD/Medium encrypted with a hash value. The said Rule is extracted below:CS(COMM) 465/2024 Page 2 of 4
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 30/05/2024 at 22:46:29 "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."
The same shall be password protected, and the password thereof, be filed in a sealed cover along with CD-ROM.
(iv) 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. The documents 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.
13. With the above directions, the present application is disposed of.
CS(COMM) 465/2024
14. Let the plaint be registered as a suit.
15. Issue summons. Mr. Prithvi Singh, Advocate, accepts summons on behalf of Defendants. He confirms the receipt of paperbook, and waives the right of formal service of summons. Written statement(s) shall be filed within thirty days commencing from today. Along with the written statement(s), the Defendants shall also file affidavit(s) of admission/denial CS(COMM) 465/2024 Page 3 of 4 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 30/05/2024 at 22:46:30 of the documents of the Plaintiff, without which the written statement(s) shall not be taken on record.
16. Liberty is given to the Plaintiff to file replication(s) within 15 days of the receipt of the written statement(s). Along with the replication(s), if any, filed by the Plaintiff, affidavit(s) of admission/denial of documents of the Defendants, be filed by the Plaintiff, without which the replication(s) shall not be taken on record. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the timelines.
17. List before the Joint Registrar for marking of exhibits on 29th August, 2024. It is made clear that any party unjustifiably denying documents would be liable to be burdened with costs.
18. List before Court for framing of issues thereafter. I.A. 30767/2024 (u/O XXXIX Rules 1 and 2 of CPC)
19. Issue notice. Mr. Prithvi Singh, Advocate, accepts notice on behalf of Defendants.
20. Reply, if any, be filed within six weeks from today. Rejoinder thereto, if any, be filed within four weeks thereafter.
21. The parties are directed to file their brief note of submissions, not exceeding three pages, along with relevant case law(s), in terms of IPD Rules, at least two weeks before the next date of hearing.
22. Re-notify on 10th September, 2024.
SANJEEV NARULA, J MAY 29, 2024/d.negi CS(COMM) 465/2024 Page 4 of 4 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 30/05/2024 at 22:46:30