Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: OMP (I) (COMM.) No. 132/2022
M/S GULAB FARMS PVT. LTD. VS. M/S NIBBOS RETAIL
SERVICE PVT. LTD.
12.10.2022
Fresh e-filed petition is received by random
allocation.
It be checked and registered.
Present: Sh. Amit Paliwal, AR of Petitioner.
Heard. Perused.
Order XI Rule 6 (3) r/w Section 141 of the Code of
Civil Procedure, 1908 (in short CPC) 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 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) deponent's 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.
Majority of above said information required to be
specified in terms of Order XI Rule 6 (3) r/w Section 141 of CPC
elicited above, is not even contained in the affidavit (certificate)
Contd:-
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OMP (I) (COMM.) No. 132/2022
M/S GULAB FARMS PVT. LTD. VS. M/S NIBBOS RETAIL
SERVICE PVT. LTD.
:2:
of AR of plaintiff under Section 65B of the Indian Evidence Act,
which only in vague terms is containing an endeavor to put forth
of compliance of conditions of Section 65 B of the Indian
Evidence Act.
AR of petitioner seeks adjournment as his Counsel is
not available today due to strike of lawyers and seeks few days
adjournment.
As prayed, fixed 27.10.2022 for consideration.
This order be uploaded on the website of the Delhi
District Courts.
GURVINDER PAL SINGH
District Judge (Commercial Court)-02
Patiala House Court, New Delhi.
12.10.2022(vkp)
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