Acs Air Charter Service India Private Limited Through Authorized Representative Mr. Ashish Wastrad v. Abbu Bakar Hussain Patel And Nr
1 2-CRR 224-24 in COMS (L) 183-24.doc by MUGDHA MANOJ PARANJAPE Date:
2024.07.08 14:46:04 +0530 MUGDHA MANOJ PARANJAPE
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION COURT RECEIVER REPORT NO.224 OF 2024 IN INTERIM APPLICATION (L) NO.228 OF 2024 IN COMMERCIAL SUIT (L) NO.183 2024 ACS AIR Charter Service India Private Limited ... Plaintiff V/s.
Abbu Bakar Hussain Patel & Anr.
... Defendants ----- Mr. Akshay Kolse Patil a/w Ms. Yasmeen Mohd. Sabir & Ms. Jahnvi Pandey i/by Link Legal for the Plaintiff.
Mr. Amit S. Borkar for the Defendants.
Ms. Charushila Vaidya, IInd Asstt., Court Receiver is present. Ms. Sydrah Saifaraz, representative is present. ----- CORAM :
ARIF S. DOCTOR, J.
DATE :
5TH JULY 2024 P.C. :
1.
The present Court Receiver Report has been filed for the following directions :- "(a) The Hon'ble Court may direct Defendant No.1 to handover his mobile phone and laptop to Pricewaterhousecoopers Private Limited (PwC) so that PwC can ascertain whether Defendant No.1
2 2-CRR 224-24 in COMS (L) 183-24.doc has deleted any data, used any software to delete data or have copied data to USB drive or similar actions.
(b) Necessary directions may be given to the Court Receiver in respect of the data which was copied from mobile phone and laptop of Defendant No.1 to the external had disc which is in the custody of the Court Receiver.
(c) Cost of this report be fixed at Rs.5,000/- and the Plaintiff may be directed to deposit the same.
(d) Any other directions the Hon'ble Court may deem fit and proper." 2.
Mr. Kolse Patil, Learned Counsel appearing on behalf of the Plaintiff has invited my attention to an order dated 21 st February 2024 by which this Court had appointed Pricewaterhousecoopers (PwC) as an agency to undertake the exercise of examining the data extracted from the mobile phone and laptop of Defendant No.1. It was informed by Learned Counsel that today though the mobile phone and laptop has been submitted as per the order dated st February 2024, the forensic audit could not be carried out since the data was in copy-paste form and the same was not mirrored. It is thus today an application is made for directing Defendant No.1 to resubmit the laptop and mobile phone as was already directed vide order dated 21 st February 2024.
3 2-CRR 224-24 in COMS (L) 183-24.doc 3.
Learned Counsel appearing on behalf of Defendant No.1 submits that his client is not averse with complying of the order dated 21 st February 2024 and is in hospital currently as is suffering from dengue and thus submits that his client shall do so immediately on being discharged from hospital and in any event within a period of one week from today. 4.
Hence, I make it clear that the compliance by Defendant No.1 shall be made on or before 12 th July 2024 to enable the Receiver, who is forward the same to carry out forensic audit. 5.
Hence in view of the above, the Court Receiver Report is allowed in terms of prayer clauses (a) and (b).
6.
At the request of Learned Counsel for the Plaintiff, list Interim Application (L) No.228 of 2024 in Commercial Suit (L) No.183 of 2024 on 15 th July 2024.
(ARIF S. DOCTOR, J.)