Delhi High Court - Orders
Gujarat Cooperative Milk Marketing ... vs Sujay Kumar & Ors on 22 April, 2024
$~12 & 13
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 45/2021, I.A. 1353/2021, I.A. 9877/2021, I.A.
9878/2021 & I.A. 19665/2022
GUJARAT COOPERATIVE MILK MARKETING FEDERATION
LTD & ANR. ..... Plaintiffs
Through: Mr. Abhishek Singh, Mr. Elvin Joshy,
Mr. Shashwat Tyagi, Ms. Alisha
Sharma and Mr. J. Amal Anand,
Advs.
versus
SUJAY KUMAR & ORS. ..... Defendants
Through: Ms. Smriti Sinha, Ms. Vasundhara
Nagrath and Ms. Shivyanshi Pathak,
Advs. for D-1.
Mr. Arvind Nigam, Sr. Adv. with Mr.
Aditya Gupta, Ms. Aishwarya Kane
and Mr. Sauhard Alung, Advs. for
Google Ireland.
Mr. Deepak Gogia and Mr. Aadhar
Nautiyal, Advs. for D-3.
Mr. Anurag Ahluwalia, CGSC with
Mr. Abhigyan Siddhant, Advs. for
UOI.
Mr. Neel Mason, Mr. Vihan Dang,
Ms. Pragya Jain, Mr. Ujjawal
Bhargava and Mr. Aditya Mathur,
Advs. for D-6.
13
+ CS(COMM) 273/2021, I.A. 9385/2021 & I.A. 15944/2021
GUJARAT COOPERATIVE MILK MARKETING FEDERATION
LTD & ANR. ..... Plaintiffs
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 27/04/2024 at 03:43:38
Through: Mr. Abhishek Singh, Mr. Elvin Joshy,
Mr. Shashwat Tyagi, Ms. Alisha
Sharma and Mr. J. Amal Anand,
Advs.
versus
RISHABH KAUSHAL & ORS. ..... Defendants
Through: Ms. Vasundhara Nagrath, Adv. for D-
1.
Mr. Deepak Gogia and Mr. Aadhar
Nautiyal, Advs. for D-3.
Mr. Neel Mason, Mr. Vihan Dang,
Ms. Pragya Jain, Mr. Ujjawal
Bhargava and Mr. Aditya Mathur,
Advs. for D-6.
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
ORDER
% 22.04.2024
1. Pursuant to the previous order dated 02nd February, 2024, Mr. Arvind Nigam, Senior Counsel appearing for 'Google Ireland', submits that as per para 13 of the order dated 13th May, 2022 passed by this Court, it was made clear that 'Google Ireland' was a proposed party in the facts and circumstances as stated and had not been impleaded as yet. The circumstances in which the presence of 'Google Ireland' was contemplated as being necessary was recorded in paras 6 - 9 of the order of 19th April, 2022. A response has been filed by 'Google Ireland' pursuant to the order dated 13th May, 2022.
2. Counsel for plaintiff seeks some time to respond to the same and if considered necessary, move an appropriate application for impleadment of 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 27/04/2024 at 03:43:38 'Google Ireland'.
3. Further, Mr. Nigam, Senior Counsel for 'Google Ireland', has reiterated the submission which was made by him on 21st November, 2022 as recorded in para 7 of the said order.
4. According to his submission, the correct procedure would be to issue a letters rogatory under directions of this Court to the Irish Court through the Ministry of External Affairs, Government of India, to present a proper application under the applicable rules of the Irish Courts for obtaining information regarding the identity of defendant no.5. Subject to the processes applicable in Irish Courts, 'Google Ireland' [which is subject to the jurisdiction of the Irish Courts and the General Data Protection Regulation ("GDPR")], will potentially be notified to present the said information to the Irish Courts. The Practice Rules governing the Irish Courts as well as that of the GDPR will be looked into by the Irish Courts in order to pass appropriate orders.
5. Counsel for plaintiff shall respond to these submissions made by Mr. Nigam, Senior Counsel, on the next date of hearing.
6. 'Google LLC' will also file a short affidavit in response to these submissions, to place their perspective.
7. Mr. Nigam, Senior Counsel adverted to the Superior Court Rules of the Courts in Ireland, in particular, Order XXXIX-V; the Foreign Tribunals Evidence Act, 1856; Article 48 of the GDPR; Sections 76-78 CPC read with Order XXVI Rule 5 CPC, all of which are extracted hereunder for ease of reference:
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 27/04/2024 at 03:43:39
(i) Order XXXIX-V of the Superior Courts Rules (Ireland):
"V. Obtaining evidence for foreign tribunals
39. Where under the Foreign Tribunals Evidence Act 1856, or the Extradition Act 1870, section 24, any civil or commercial matter, or any criminal matter, is pending before a court or tribunal of a foreign country, and it is made to appear to the Court, by commission rogatoire, or letter of request or other evidence as hereinafter provided, that such court or tribunal is desirous of obtaining the testimony in relation to such matter of any witness or witnesses within the jurisdiction, the Court may, on the ex parte application of any person shown to be duly authorised to make the application on behalf of such foreign court or tribunal, and on production of the commission rogatoire, or letter of request, or other evidence pursuant to the Foreign Tribunals Evidence Act 1856, section 2, or such other evidence as the Court may require, make such order or orders as may be necessary to give effect to the intention of the Acts above mentioned in conformity with the Foreign Tribunals Evidence Act 1856, section 1."
(ii) Foreign Tribunals Evidence Act, 1856:
"I. Where, upon an Application for this Purpose, it is made to appear to any Court or Judge having Authority under this Act that any Court or Tribunal of competent 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 27/04/2024 at 03:43:39 Jurisdiction in a Foreign Country, before which any Civil or Commercial Matter is pending, is desirous of obtaining the Testimony in relation to such Matter of any Witness or Witnesses within the Jurisdiction of such first-mentioned Court, or of the Court to which such Judge belongs, or of such Judge, it shall be lawful for such Court or Judge to order the Examination upon Oath, upon Interrogatories or otherwise, before any Person or Persons named in such Order, of such Witness or Witnesses accordingly; and it shall be lawful for the said Court or Judge, by the same Order, or for such Court or Judge or any other Judge having Authority under this Act, by any subsequent Order, to command the Attendance of any Person to be named in such Order, for the Purpose of being examined, or the Production of any Writings or other Documents to be mentioned in such Order, and to give all such Directions as to the Time, Place, and Manner of such Examination, and all other Matters connected therewith, as may appear reasonable and just; and any such Order may be enforced in like Manner as an Order made by such Court or Judge in a Cause depending in such Court or before such Judge.
II. A Certificate under the Hand of the Ambassador, Minister, or other Diplomatic Agent of any Foreign Power, received as such by Her Majesty, or in case there 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 27/04/2024 at 03:43:39 be no such Diplomatic Agent, then of the Consul General or Consul of any such Foreign Power at London, received and admitted as such by Her Majesty, that any Matter in relation to which an Application is made under this Act is a Civil or Commercial Matter pending before a Court or Tribunal in the Country of which he is the Diplomatic Agent or Consul having Jurisdiction in the Matter so pending, and that such Court or Tribunal is desirous of obtaining the Testimony of the Witness or Witnesses to whom the Application relates, shall be Evidence of the Matters so certified; but where no such Certificate is produced other Evidence to that Effect shall be admissible."
(iii) Article 48 of the GDPR:
Transfers or disclosures not authorised by Union law Any judgment of a court or tribunal and any decision of an administrative authority of a third country requiring a controller or processor to transfer or disclose personal data may only be recognised or enforceable in any manner if based on an international agreement, such as a mutual legal assistance treaty, in force between the requesting third country and the Union or a Member State, without prejudice to other grounds for transfer pursuant to this Chapter."
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 27/04/2024 at 03:43:39
(iv) Sections 76 to 78 of the Code of Civil Procedure, 1908:
"76. Commission to another Court-- (1) A commission for the examination of any person may be issued to any Court (not being a High Court) situate in a State other than the State in which the Court of issue is situate and having jurisdiction in the place in which the person to be examined resides.
(2) Every Court receiving a commission for the examination of any person under sub-section (1) shall examine him or cause him to be examined pursuant thereto, and the commission, when it has been duly executed, shall be returned together with the evidence taken under it to the Court from which it was issued, unless the order for issuing the commission has otherwise directed, in which case the commission shall be returned in terms of such order.
77. Letter of request--In lieu of issuing a commission the Court may issue a letter of request to examine a witness residing at any place not within India.
78. Commissions issued by foreign Courts--Subject to such conditions and limitations as may be prescribed, the provisions as to the execution and return of commissions for the examination of witnesses shall apply to commissions issued by or at the instance of--
(a) Courts situate in any part of India to which the 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 27/04/2024 at 03:43:39 provisions of this Code do not extend; or
(b) Courts established or continued by the authority of the Central Government outside India; or
(c) Courts of any State or country outside India."
(v) Order XXVI Rule 5 of the Code of Civil Procedure, 1908:
"5. Commission or request to examine witness not within India--Where any Court to which application is made for the issue of a commission for the examination of a person residing at any place not within India is satisfied that the evidence of such person is necessary, the Court may issue such commission or a letter of request."
8. List on 16th August, 2024.
9. Order be uploaded on the website of this Court.
ANISH DAYAL, J APRIL 22, 2024/MK/na 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 27/04/2024 at 03:43:40