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R/W S-151 Cpc) Anuradha vs Bajrangi & Anr on 27 February, 2020

Author: Rajiv Sahai Endlaw

Bench: Rajiv Sahai Endlaw

$~26
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

+        CS(OS) 67/2020, IAs No.2346/2020 (u/O XXXIX R-1&2 CPC),
         2347/2020 (u/O XXI R-2 r/w S-151 CPC) & 2348/2020 (u/S 153B
         r/w S-151 CPC)

         ANURADHA                                               ..... Plaintiff
                           Through:    Mr. Sandeep Sethi, Sr. Adv. with Mr.
                                       Moazzam Khan, Mr. Alipak Banerjee
                                       and Mohd. Kamran, Advs.

                                 Versus
         BAJRANGI & ANR.                                    ..... Defendants
                      Through:         Mr. Arvind K. Nigam, Sr. Adv. with
                                       Mr. Nikhil Borwankar, Adv.
CORAM:
HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
                         ORDER

% 27.02.2020

1. The matter has been taken up in the Chamber.

2. The senior counsel for the plaintiff is accompanied with Mr. Moazzam Khan, Mr. Alipak Banerjee and Mohd. Kamran, Advocates and the senior counsel for the defendant No.1 is accompanied with Mr. Nikhil Borwankar, Advocate.

3. All the aforesaid Advocates, defendant No.1, defendant No.2 as well as Mr. Shashank Garg, Advocate, to whom commission was issued and who is also present, are included in the Confidentiality Club constituted today and to file affidavits in this respect before this Court within one week of today.

4. Besides the aforesaid persons, the experts from PWC Forensic Division, who were engaged by the Commissioner, are also included in the Confidentiality Club and to similarly file affidavits to maintain confidentiality.

5. Mr. Shashank Garg, Advocate has also handed over a report along with interim report of the experts along with two copies thereof and states that the experts engaged require five weeks' time to give a final report.

6. Mr. Shashank Garg, Advocate has also tendered the electronic devices seized from the place at which the commission was issued and states that inventory thereof is contained in his report. However since the said devices are still to be examined by the experts, Mr. Shashank Garg, Advocate is requested to retain custody of the seized electronic devices till further order.

7. At the request of the senior counsel for the defendant No.1, Mr. Shashank Garg, Advocate states that to his knowledge the experts have not made or retained any copy of the contents of the seized electronic devices.

8. The experts to, in the affidavits directed to be filed, also indicate, whether any copy has been made or not and if any copy has been made, to give particulars thereof.

9. A complete paper book be supplied to Mr. Nikhil Borwankar, Advocate for the defendant No.1 today itself.

10. The senior counsel for the plaintiff states that the defendant No.1 has made a statement that he is in possession of Seagate (External Portable) Hard Drive 500 GB and of which he refused to part with and stated that it is with his Advocate.

11. The counsel for the defendant No.1 to also obtain instructions with respect thereto and the defendant No.1, till further orders, is restrained from in any manner tampering with that record.

12. Mr. Shashank Garg, Advocate be paid additional honorarium by the plaintiff, proportionate to his work and appearances entailed.

13. A copy of the report of the Commissioner with annexures has been handed over to Mr. Nikhil Borwankar, Advocate

14. The orders with respect to safe custody of the file to continue till further orders.

15. A copy of the paper book has been handed over to Mr. Nikhil Borwankar, Advocate.

16. List on 4th March, 2020.

17. Mr. Shashank Garg, Advocate to also request one of the experts to remain present on that date.

RAJIV SAHAI ENDLAW, J.

FEBRUARY 27, 2020 'bs'..