ORDER

% 25.01.2023 I.A. 15869/2022 (on behalf of Plaintiff under Section 151 of Code of Civil Procedure, 1908 [“CPC”] to place on record pen drive containing the screen recorded episodes of impugned web series)

1.Plaintiff seeks leave to place on record pen drive containing screen recorded episodes of impugned web series.

2.Rule 24 of Chapter XI of the Delhi High Court (Original Side) Rules, 2018makesitclearthatelectronicrecordscanbereceivedin CD/DVD/Medium encrypted with a hash value. The said Rule is extracted below: -

“ 24. Reception of electronic evidence – A party seeking to tender any electronic record shall do so in a CD/ DVD/ Medium, encrypted with a hash value, the details of which shall be disclosed in a separate memorandum, signed by the party in the form of an affidavit. This will be tendered along with the encrypted CD/ DVD/ Medium in the Registry.

The electronic record in the encrypted CD/ DVD/ Medium will be uploaded on the server of the Court by the Computer Section and kept in an electronic folder which shall be labeled with the cause title, case number and the date of document uploaded on the server. Thereafter, the encrypted CD/ DVD/ Medium will be returned to the party on the condition that it shall be produced at the time of admission/denial of the documents and as and when directed by the Court/ Registrar. The memorandum disclosing the hash value shall be separately kept by the Registry on the file. The compliance with this rule will not be construed as dispensing with the compliance with any other law for the time being in force including Section 65B of the Indian Evidence Act, 1872.”

[Emphasis supplied]

3.Thus, the Registry may receive electronic record on CD-ROM so long as it is encrypted with a hash value or in any other non-editable format. Accordingly, let the video recording contained in CD-ROM be placed in the electronic record of the present suit in a format which is non-editable, so that the same can be viewed by the Court during hearing.

4.Disposed of. I.A. 15868/2022 (on behalf of Plaintiff under Order VI Rule 17 r/w Section 151 of CPC for amendment of pleadings in the plaint)

5.The suit is at a nascent stage and only pleadings have been completed. Proposed amendments have been extracted in paragraphs No. 5 and 6 of the application. Mr. Sandeep Sethi, Senior Counsel for Defendants No. 1 and 2 opposes the application. However, in the opinion of the Court, since the proposed amendments are formal and suit is at an initial stage. The law settled by way of judicial pronouncements of the Supreme Court allows amendment of pleadings unless a new cause of action or withdrawal of admission is sought. The proposed amendments do not fall under the exceptions. The Court is thus inclined to allow the application.

6.Amended Plaint filed along with the application is taken on record. Defendants are permitted to file amended written statement to the amended plaint within a period of four weeks from today. Replication thereto, if any, be filed within a period of two weeks thereafter.

7.Disposed of. CS(COMM) 736/2019

8.After completion of pleadings, affidavit of admission/ denial be filed within a period of two weeks thereafter.

9.After inspection is sought and given, a Joint ‘Document Schedule’ be filed, duly endorsed by counsel for all parties, under Chapter VII Rule 7A of the Delhi High Court (Original Side) Rules, 2018 (as amended by Notification No. 722/Rules/DHC dated 16th October, 2018).

10.List before Joint Registrar for admission/ denial of documents on 05th April, 2023.

11.List before the Court on 12th July, 2023. SANJEEV NARULA, J JANUARY 25, 2023 d.negi