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Showing contexts for: data theft in M/S. Rostfrei Steels Pvt. Ltd vs (1.) M/S. Arsnel Steel Silos on 28 April, 2018Matching Fragments
11. Plaintiff has alleged that the defendant no.1 stole the electronic data pertaining to clients and other trade secrets. The defendant no.1 has categorically and consistently denied such allegation of data theft. Needless to say that the burden of proving these allegations rests upon the plaintiff. However, apart from making vague and bald allegations, no documentary, ocular or circumstantial evidence has been adduced by the plaintiff which could establish the factum of data theft by the defendant no.1. In fact PW1, who is the sole witness examined by plaintiff, admitted that he had not seen the plaintiff committing theft of the secret data. No forensic evidence has been placed on record by the plaintiff to show that the secret data kept electronically was stolen or copied by the defendant or any other person.
12. Further, PW1 admitted that the plaintiff has filed similar cases against other former employees also. This circumstance may not be relevant otherwise but considering the vague and bald averments in the complaint, it assumes significance and indicates the conduct of the plaintiff. No complaint to police, Magistrate or any other authority was made by the plaintiff regarding the data theft which is an offence punishable under the criminal law. Why? There is no answer or explanation on record. Further, Ld. Counsel for the plaintiff has alleged that the defendants misused the data and approached the plaintiff's clients causing him business loss. These allegations have been vehemently refuted by the defendants counsel. It goes without saying that the onus of proving these allegations lies on the plaintiff. Firstly, the details of clients who were approached have not been disclosed in the plaint. Secondly, plaintiff has brought no evidence on record to establish that the defendants had approached plaintiff's clients in any manner by using the alleged stolen data. Be that as it may. Merely by showing that the erstwhile plaintiff's clients were now trading with defendants is not sufficient to establish (i) data theft by defendant no. 1 or (ii) defendant was approaching plaintiff's clients upon such alleged stolen data. The connection between alleged data theft and misuse of such secret information by defendant no.1 has to be established by plaintiff by means of positive evidence. Data theft and its misuse cannot be proved on the basis of conjecture or surmises. Plaintiff is under obligation of law to establish the same on the basis of preponderance of probabilities. In my opinion based on material on record, plaintiff has miserably failed to establish the data theft or the misuse of any secret information. Naturally, the business loss, if any, caused to the plaintiff cannot be attributable to data theft.