Rajasthan High Court - Jodhpur
M/S Ambuja Cement Ltd vs Jsw Cement Ltd on 10 December, 2018
Bench: Sangeet Lodha, Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN
JODHPUR
D.B. Spl. Appl. Writ No. 1070/2018
M/s Ambuja Cement Ltd
----Appellant
Versus
Jsw Cement Ltd
----Respondent
Connected With
D.B. Spl. Appl. Writ No. 1353/2018
Mineral State Trading Corporation Limited (Mstc)
----Appellant
Versus
Jsw Cement Limited
----Respondent
For Appellant(s) : Mr. M.S. Singhvi, Sr. Advocate
assisted by Mr. DD Thanvi
Mr. Rajesh Joshi, Sr. Advocate
assisted by Mr. CVS Shekhawat
Mr. Mahesh Thanvi
For Respondent(s) : Mr. Ramit Mehta with
Mr. Ghanshyam Singh, Mr. Saurabh
Maheswari,
Mr. Sanjeet Purohit, ASG with
Ms. Apurva Mathur
HON'BLE MR. JUSTICE SANGEET LODHA
HON'BLE MR. JUSTICE DINESH MEHTA Order 10/12/2018 Vide order dated 30.08.2018 passed by this Court, the National Informatics Centre was directed to depute a responsible Officer to visit MSTC office in Calcutta and obtain relevant data concerning e-auction held on 26.09.2017 and submit the report. The agency was directed particularly to access the log in and log out details and highlight the same in their report.
(2 of 3) [SAW-1070/2018]
However, vide communication dated 11.09.2018, the
National Informatics Centre informed that the NIC as an
independent organization, not associated with the Development of e-portal system, does not have any knowledge about the e-portal system designed by the MSTC. It was informed that Ministry of Electronics and Information Technology has notified four organizations as an expert to examine the electronic evidence for the purpose of providing expert opinion before the Court or other authority.
Accordingly, vide order dated 04.10.2018, this Court appointed Computer Forensic and Data Mining Laboratory under Serious Fraud Investigation Office, Ministry of Corporate Affairs, New Delhi, as examiner of the data maintained by the MSTC for e- auction. The said agency was directed to access the server of MSTC and submit the report in terms of the directions issued by this Court vide order dated 30.08.2018. The report was directed to be submitted on or before 26.11.2018.
However, the said agency in response to communication dated 29.10.2018 of the General Manager (System) MSTC informed that Computer Forensic and Data Mining Lab has been notified by the Ministry of Electronics and Information Technology with a limited scope (computer (Media) forensics) and to meet the requirements of SFIO only and therefore, the said agency is not in a position to analyze the data as directed by the Court.
On 29.11.2018, pursuant to request made by Court, Mr. Sanjeet Purohit, Assistant Solicitor General put appearance in the matter and sought time to apprise the Court as to which agency would be in position to perform the job assigned by this Court.
(3 of 3) [SAW-1070/2018] Now, by way of an additional affidavit it is brought on record that two Agencies namely Forensic Science Laboratory, Sector 14, Rohini, New Delhi under Government of National Capital Territory of Delhi, and the Centre for Development of Advanced Computing (C-DAC), have given their consent to undertake the task of examination of the data.
We are informed that Forensic Science Laboratory, Sector 14, Rohini, New Delhi under Government of National Capital Territory of Delhi, is one of the four Agencies notified by the Government of India.
In this view of the matter, we appoint Forensic Science Laboratory, Sector 14, Rohini, New Delhi under Government of National Capital Territory of Delhi as examiner of the data maintained by the MSTC for e-auction in question. The said agency shall access the server of the MSTC and submit the report in terms of the directions issued by this Court vide order dated 30.08.2018, on or before 15.01.2019.
A copy of this order along with copy of order dated 30.08.2018 be sent to Forensic Science Laboratory, Sector 14, Rohini, New Delhi.
Necessary expenditure for the job to be undertaken shall be borne by the appellant, M/s. Ambuja Cement Ltd and M/s JSW Cement Ltd. equally.
List the matter on 22.01.2019.
(DINESH MEHTA),J (SANGEET LODHA),J
51-himanshu/-
Powered by TCPDF (www.tcpdf.org)