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Showing contexts for: cloud computing in M/S Yokohama India Pvt Limited vs M/S Indian Tyre House on 25 September, 2023Matching Fragments
14. Thus, any document which is an electronic record can not be relied upon unless it is proved in accordance with section 65 B of Evidence Act. In the instant case, the records of WhatsApp Chat, Ex DW1/1 have been taken from a device which is not a secured device. As already noted above, the WhatsApp chat were downloaded from a computer system which has not been identified by the defendant. Thus, the certificate Ex. DW-1/3 given by the defendant has no value and can not be relied upon. Significantly, Order XI Rule 6 (3) of the Code of Civil Procedure (as amended and applicable in commercial cases) regarding electronic records mandates the declaration on oath to be filed by a party specifying (a) the parties to such Electronic Record; (b) the manner in which such electronic record was produced and by whom; (c) the dates and time of preparation or storage or issuance or receipt of each such electronic record; (d) the source of such electronic record and date and time when the electronic CS (Comm) No. 161/22 M/s. Yokohama India Pvt. Ltd. Vs. M/s. Indian Tyre House Page No.: 17 of 20 record was printed; (e) in case of e-mail ids, details of ownership, custody and access to such e-mail ids; (f) in case of documents stored on a computer or computer resource (including on external servers or cloud), details of ownership, custody and access to such data on the computer or computer resource; (g) deponents knowledge of contents and correctness of contents; (h) whether the computer or computer resource used for preparing or receiving or storing such document or data was functioning properly or in case of malfunction that such malfunction did not affect the contents of the document stored;(i) that the printout or copy furnished was taken from the original computer or computer resource.