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Monday, May 23, 2005

Judicial system pummels cyber law enforcement

Judicial system pummels cyber law enforcement
by Sarbajit Roy, 22-May-2005

This is one of my rare original posts. I am motivated to post this commentary since in my humble opinion the higher Judiciary in India is not taking seriously the enforcement of cyber laws in the country. By way of illustration I am posting sequentially all the listed orders from the website of the Delhi High Court in the recent (pending) matter of "ANTARES SYSTEMS LTD. Vs. C1 INDIA PVT. LTD. & ORS." where learned Cyber Advocates are battling it out. I have absolutely no opinion /comments on the merits of this case and I am not interested in any way in this matter. It is depressing to know that the Delhi High Court is the appellate court for orders of the Cyber Regulatory Appelate Tribunals (which have still not been constituted even after 5 years of the Information Technology Act becoming law). Is it no wonder then, that ordinary people get discouraged from complaining about cybercrime in India, while the only people who seem to be making money are the advocates with their delaying tactics.

IN THE HIGH COURT OF DELHI AT NEW DELHI

12.05.2005

Present : Mr.R.B.Singh, proxy counsel for the plaintiff.
Mr.Kamal Nijhawan for defendants No.1,2 and 5.


+ IAs No 8865/03 and 7000-02/03 in CS (OS) No 1357/2003
Counsel for the plaintiff is stated to be out of country. Adjournment prayed.
List again for disposal of IAs on 12th September, 2005.

May 12, 2005 R.C.CHOPRA, J.
rk.

IN THE HIGH COURT OF DELHI AT NEW DELHI

04.03.2005

Present : Ms.Richa Mohan, proxy counsel for the plaintiff.
Mr.Kamal Nijhawan for defendants No.1,2 and 5.


+ IAs No 8865/03 and 7000-02/03 in CS(OS) No 1357/2003
Learned counsel for the plaintiff is not available. Adjournment prayed on personal grounds.
List again for disposal of the IAs on 12th May, 2005 at 2.00 p.m.

March 04, 2005 R.C.CHOPRA, J.
rk

IN THE HIGH COURT OF DELHI AT NEW DELHI

13.01.2005

Present : Mr.Pavan Duggal with Ms.Richa Mohan for the plaintiff.
Mr.Kamal Nijhawan with Ms.Yashmeet for defendants No.1 and 2
Mr.Manoj Saxena, proxy counsel for defendants No.6 and 7.


+ IAs No 8865/03 and 7000-7002/2003 in CS(OS) No 1357/2003
Counsel for defendants No.6 and 7 is stated to be indisposed. Adjournment prayed.
List for disposal of IAs on 4th March, 2005 at 2.00 p.m.

January 13, 2005 R.C.CHOPRA, J.
rk


IN THE HIGH COURT OF DELHI AT NEW DELHI

01.11.2004

Present : Mr.Pawan Duggal and Ms.Richa Mohan for the plaintiff.
Mr.H.L.Tiku,Sr.Adv.with Mr.Kamal Nijhawan, Mr.H.K.Gulati and Ms.Yashmeet for defendants 1and 2.
Mr.Manoj Saxena for defendants no.6 and 7.

+IA 4498/2004 and CS(OS) 1357/2003
On the request of counsel for defendants no.6 and 7, as a last opportunity adjourned to 13th January, 2005.
Interim orders to continue.

November 1, 2004 R.C.JAIN, J.
sp


IN THE HIGH COURT OF DELHI AT NEW DELHI

23.07.2004

Present : Ms.Richa Mohan for the plaintiff.
Mr.Kamal Nijhawan for the defendant.

+IA 4498/2004 in C.S.(OS)No.1357/2003
For the reasons stated in the application, the application is allowed.
Adjourned to 1st November, 2004.

JULY 23, 2004 R.C.JAIN, J.
sp


IN THE HIGH COURT OF DELHI AT NEW DELHI

13.04.2004

Present : Mr.Pawan Duggal for the plaintiff.


No time available today.
List again on 23rd July, 2004 at 12.30 p.m.

April 13, 2004 R.C.CHOPRA, J.
rk


IN THE HIGH COURT OF DELHI AT NEW DELHI

10.02.2004

Present : Mr.Pawan Duggal with Ms.Richa Mohan for the plaintiff.
Mr.S.K.Taneja, Sr.Advocate with Mr.Kamal Nijhawal and Mr.H.K.Gulathi for defendants No.1 and 2
Mr.Munish Kochhar for defendants No.3 and 4
Mr.T.V.Ratnam with Mr.A.Ranganadhan for defendants No.6 and 7


+ CS (OS) No 1357/2003 and IAs No 8865/03 and 7000-7002/2003
Counsel for the plaintiff prays for adjournment as he is not feeling well.
List again for arguments on 13th April, 2004 at 12.30 p.m.

February 10, 2004 R.C.CHOPRA, J.
rk


IN THE HIGH COURT OF DELHI AT NEW DELHI

15.01.2004

Present : Mr. Pawan Duggal for the plaintiff.
Mr. S.K. Taneja, Senior Advocate with Mr. H.K. Gulathi and
Mr. Manmeet Jarnwal for the defendants No.1 and 2.
Mr. Munish Kochhar for the defendants No.3,4 and 5.
Mr. T.V. Ratnam with Mr. A. Ranganadhan for the
defendants No.6 and 7.

+ CS (OS) No 1357/2003 and IA Nos 8865/2003 and 7000-7002/2003
No time available today.
List again for arguments on 10th February, 2004, at 12.30 P.M.

January 15, 2004 R.C.CHOPRA, J.
vk.


IN THE HIGH COURT OF DELHI AT NEW DELHI

09.12.2003

Present : Mr. Pawan Duggal for the plaintiff.
Mr. H.L. Tikku, Senior Advocate with Mr. Kamal Nijhawan and Mr. H.K. Gulati for the defendants No.1 and 2.
Mr. Manish Kochhar for the defendants No.3,4 and 5.
Mr. T.V. Ratnam with Mr. Buddy A. Ranganadhan for the
defendants No.6 and 7.

+ Suit No 1357/2003 and IA Nos 8865/2003 and 7000-7002/2003
The Court is busy in some other matters.
List again on 15th January, 2004, at 2.00 P.M.

December 09, 2003 R.C.CHOPRA, J.
vk


IN THE HIGH COURT OF DELHI AT NEW DELHI

23.10.2003

Present : Mr. Pawan Duggal for the plaintiff.
Mr. H.L. Tikku, Senior Advocate with Mr. Kamal Nijhawan and Mr. H.K. Gulathi for the defendants No.1 and 2.
Mr. Manish Kochhar for the defendant No.5.
Mr. T.V. Ratnam and Mr. Buddy A. Ranganadhan for the
defendants No.6 and 7.

Mr. Manish Kochhar, Advocate, has appeared and accepted service on behalf of defendants No.3 and 4 in pursuance of the publication.
Let a complete copy of the paper book be supply to him. Written statement and replies be filed within two weeks.
Copies of the rejoinders be also supplied to the defendants.
List again for disposal of IAs on 9th December, 2003, at 2.00 P.M.

October 23, 2003 R.C.CHOPRA, J.
vk


IN THE HIGH COURT OF DELHI AT NEW DELHI

03.09.2003

Present : Mr.Pawan Duggal for the plaintiff.
Mr.H.L.Tiku, Sr.Advocate with Mr.Kamal Nijhawan and Mr.H.K.Gulathi for defendants No.1 and 2
Mr.Manish Kochhar for defendant No.5
Mr.T.V.Ratnam with Mr.Buddy A.Ranganadhan for defendants No.6 and 7


+ IAs No 8865/03, 7000 to 7002/2003 in Suit No 1357/2003
Defendants No.3 and 4 do not appear to have been served so far. Issue fresh summons and notice to defendants No.3 and 4 for 1st October, 2003 by registered AD post as well as through approved courier.
Defendants No.6 and 7 have filed their written statements and replies. Defendants No.1 and 2 have filed replies to the application under Order 39 Rule 1 and 2 CPC but have not filed their written statements. Let the replies to all the IAs and written stateme
ts be filed within two weeks. Counsel for defendant No.5 submits that he will be adopting the written statement and replies filed by defendants No.1 and 2.
List for disposal of IA No.7000, 7001, 7002/2003 and 8865/2003 on 1st October, 2003 at 2.00 p.m.
In case defendants No. 6 and 7 and defendant No.1 extend their agreement, the same will be subject to further directions to be passed by this Court on injunction application filed by the plaintiff.
Copy Dasti.

September 03, 2003 R.C.CHOPRA, J.
rk


IN THE HIGH COURT OF DELHI AT NEW DELHI

01.09.2003

Present : Mr.Pawan Duggal for the plaintiff/applicant.


+ IA No 8865/2003 in Suit No 1357/2003
Notice to defendant's counsel for 3rd September, 2003.
Dasti as well.

September 01, 2003 R.C.CHOPRA, J.
rk


IN THE HIGH COURT OF DELHI AT NEW DELHI

13.08.2003

Present : Mr.Pawan Duggal for the plaintiff.
Mr.Kamal Nijhawan with Mr.H.K.Gulathi and Ms.Yashmeet for defendants No.1 and 2
Mr.Munish Kochhar for defendant No.5


+ Suit No 1357/2003 and IAs No 7000 and 7001/2003
Hon'ble Judge is not holding the Court today.
Renotify on 3rd September, 2003.

By order

August 13, 2003 Court Master to
rk HMJ R.C.CHOPRA


IN THE HIGH COURT OF DELHI AT NEW DELHI

21.07.2003

Present : Mr. Pawan Duggal for the plaintiff.
Mr. Kamal Nijhawan for the defendant No.1.
Mr. Munish Kochhar for the defendants No.2 to 5.
Mr. T.V. Ratnam with Mr. B.A. Ranganandhan for the
defendants No.6 and 7.

+ Suit No 1357/2003 and IA Nos 7000 and 7001/2003
Defendants No.3 and 4 have not been served. Issue dasti summons/notices on fresh address of defendants No.3 and 4.
Written statements and replies be filed within a week. Replications and rejoinders, if any, be filed within a week thereafter.
List for disposal of I.A. Nos.7000/2003 and 7001/2003 on 13th August, 2003.

July 21, 2003 R.C.CHOPRA, J.
vk

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