The court allows the submission of electronic evidence in a pen drive format, provided it is encrypted with a hash value, ensuring compliance with procedural rules.

1. Witten statement and reply to I.A. 5968/2024 , have been filed by the defendant, in CS(COMM) 225/2024.

2. Learned counsel appearing for the plaintiff submits that he needs some more time to file replication to the written statement filed on behalf of the defendant.

3. Let the replication be filed within the statutory period.

4. A counter claim has been filed in CS(COMM) 226/2024 , on behalf of the defendant, under Section 64 of The Patents Act, 1970 , for revocation of Indian Patent No. 319855, registered in favour of the plaintiff.

5. Issue notice. Notice is accepted by learned counsel appearing for the plaintiff.

6. Let reply be filed within a period of four weeks.

7. Rejoinder thereto, if any, be filed within four weeks, thereafter.

8. The present application has been filed under Section 151 of Code of Civil Procedure (“CPC”), 1908 on behalf of the defendant seeking permission to file a Pen Drive in the present suit.

I.A. 34057/2024 (Application for seeking permission to file a pen drive) 9. The defendant, by way of the present application, seeks leave to file prior art in the form of a pen drive in the present suit.

10. Issue notice. Notice is accepted by learned counsel appearing for the plaintiff, who submits that he has no objection to the present application.

11. Rule 24 of Chapter-XI of the Delhi High Court (Original Side) Rules, 2018, make it clear that electronic records can be received in CD/DVD/Pen Drive, encrypted with a hash value. The said Rule is extracted as below:

“xxx xxx xxx

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.

xxx xxx xxx”

12. Accordingly, the Registry may receive the electronic record in pen drive, so long it is encrypted with a hash value, or in any other non-editable format. The video recording containing the pen drive, be placed in the electronic record of the present suit, in a format which is not editable, so that the same can be viewed by the Court during the hearing.

13. With the aforesaid directions, the present application is disposed of.

14. In terms of the order dated 14 CS(COMM) 225/2024 & CS(COMM) 226/2024 th 15. The Registry is directed to keep the same in safe custody, to be produced before the Court, when requisitioned.

March, 2024, learned counsel appearing for the defendant in CS(COMM) 225/2024, has handed over a copy of the statement of accounts with respect to sales of the two products in question, in a sealed cover. The same is taken on record.

16. Learned counsel appearing for the defendant in CS(COMM) 226/2024, submits that the statement of accounts on their behalf, has already been filed in a sealed cover, and the same has been taken on record by the Registry on 21st April, 2024.

17. List before the Joint Registrar (Judicial) on the date already fixed, i.e., 27 th September, 2024.