Delhi High Court - Orders
Ashutosh Gupta vs M/S Hemant Sahai Associates And Ors on 13 February, 2026
$~32
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 148/2026, I.A. 4166/2026, I.A. 4167/2026, I.A.
4168/2026, I.A. 4169/2026 & I.A. 4170/2026
ASHUTOSH GUPTA .....Plaintiff
Through: Mr. Kunal Vajani, Mr. Kunal
Mimani, Mr. Shubhang Tandon and
Mr. Dev Karn Singh, Advs.
M: 7042492840
versus
M/S HEMANT SAHAI ASSOCIATES AND ORS. .....Defendants
Through: None
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
ORDER
% 13.02.2026 I.A. 4169/2026 (Application seeking exemption from filing certificate by an expert)
1. The present application has been filed seeking exemption from filing the certificate of an Expert, in terms of the Form provided in Part B of the Schedule to Section 63(4)(c) of the Bharatiya Sakshya Adhiniyam, 2023 ("BSA").
2. Learned counsel appearing for the plaintiff submits that the plaintiff has duly filed a declaration on oath under Section 63 of BSA read with Order XI Rule 5 of Code of Civil Procedure, 1908 ("CPC") as applicable to the Commercial Courts, as well as his hash value certificate in terms of the Page 1 of 5 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 17/02/2026 at 20:34:39 Form provided in Part A of the Schedule to Section 63(4)(c) of BSA.
3. Considering the aforesaid, the present application is allowed, subject to just exceptions.
4. Noting the aforesaid, the present application stands disposed of. I.A. 4168/2026 (Application seeking leave to file redacted version of documents)
5. The present application has been filed under Section 151 of CPC to file redacted version of the bank account statement of the plaintiff as well as Form 26AS relating to income tax for the periods FY 2019-20 and FY 2024- 25.
6. Considering the submissions made before this Court that the plaintiff seeks to produce certain confidential documents in support of the plaint, permission is so granted to the plaintiff, to file redacted version of the documents as aforesaid.
7. The redacted versions of the documents, which have already been filed along with the plaint, are taken on record.
8. Noting the aforesaid, the present application is disposed of. I.A. 4167/2026 (Application seeking leave to file additional documents)
9. This is an application under Order XI Rule 1(4) read with Section 151 of CPC, as amended by the Commercial Courts Act, 2015, seeking leave to file additional documents.
10. The plaintiff, if it wishes to file additional documents at a later stage, shall do so strictly as per the provisions of the Commercial Courts Act, 2015 and the Delhi High Court (Original Side) Rules, 2018.
11. The application is disposed of, with the aforesaid directions. I.A. 4170/2026 (Application seeking leave to file audio/video recordings Page 2 of 5 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 17/02/2026 at 20:34:39 in Pen Drive)
12. The present application has been filed on behalf of the plaintiff under Section 151 of CPC seeking leave to file audio/video recordings in a Pen Drive.
13. In terms of Rule 24 of Chapter-XI of the Delhi High Court (Original Side) Rules, 2018, it is made 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 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."
14. Accordingly, the Registry may receive the electronic record in a Pen Drive/DVD, so long as it is encrypted with a hash value, or in any other non- editable format.
15. The Pen Drive/DVD containing the audio/video recording be placed in the electronic record of the present suit.
16. Accordingly, the present application is allowed and the plaintiff is allowed to place the audio/video recording in a Pen Drive/DVD.
17. With the aforesaid directions, the present application is disposed of.
Page 3 of 5This 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 17/02/2026 at 20:34:39 I.A. 4166/2026 (Application under Order XXXIX Rule 10 read with Section 151 of CPC)
18. The present application has been filed on behalf of the plaintiff under Order XXXIX Rule 10 read with Section 151 of CPC.
19. Issue notice to the defendants, by all modes, upon filing of Process Fee.
20. Let reply be filed within a period of four weeks.
21. Rejoinder thereto, if any, be filed within two weeks, thereafter.
22. List before the Joint Registrar (Judicial) on 02nd April, 2026.
23. List before the Court on 13th March, 2026.
CS(COMM) 148/2026
24. At the outset, learned counsel appearing for the plaintiff submits that there is a typographical error on internal page 78 of the Documents filed on behalf of the plaintiff, wherein, entries at Serial Nos. 50 and 51, forming part of Document-12, have been wrongly reflected, as the date mentioned therein are wrong.
25. He submits that he may be granted liberty to replace the said page 78, filed as part of the Documents along with the plaint.
26. Accordingly, the plaintiff is granted liberty to replace internal page 78/PDF page 84 of Part IV of the file, i.e., Documents of the plaint.
27. Let the plaint be registered as suit.
28. Issue summons to the defendants, through all permissible modes.
29. The summons shall state that the written statement(s) shall be filed by the defendants, within thirty (30) days from the date of receipt of summons. Along with the written statement(s), the defendants shall also file affidavit(s) of admission/denial of the documents of the plaintiff, without which, the Page 4 of 5 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 17/02/2026 at 20:34:39 written statement(s) shall not be taken on record.
30. Liberty is given to the plaintiff to file replication(s), if any, within thirty (30) days from the receipt of the written statement(s). Along with the replication(s), filed by the plaintiff, the affidavit(s) of admission/denial of the documents of defendants, be filed by the plaintiff, without which, the replication(s) shall not be taken on record.
31. It is made clear that any unjustified denial of documents may lead to an order of costs against the concerned party.
32. If any of the parties wish to seek inspection of the documents, the same shall be sought and given within the timelines.
33. List before the Joint Registrar (Judicial) on 02nd April, 2026, for completion of service.
34. List before the Court on 13th March, 2026.
MINI PUSHKARNA, J FEBRUARY 13, 2026/KR Page 5 of 5 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 17/02/2026 at 20:34:39