Dabur India Limited vs Ashok Kumar & Ors.

Prathiba M. Singh (Oral)

This hearing has been done through hybrid mode.

Ms. Sethi, ld. ASC points out that in a number of cases, banks do not answer queries raised by the Police for ensuring compliance of orders passed by Police Authorities or Courts.

On behalf of the RBI, it is submitted by Ms. Jagriti Bharti, ld. Counsel appearing for Mr. Ramesh Babu that RBI would need time to take instructions and file an affidavit in the matter. The RBI shall file a specific affidavit on record as to whether there are any guidelines which have been issued by it to banks in respect of queries raised by the Police and for ensuring compliance of any orders passed by police authorities or Courts.

Today, the following counsels have entered appearance for the Banks:

The ld. Counsels for the Banks who have entered appearance today shall place their affidavits on record as to the procedure which they follow for replying to queries raised by the Police. Let the said affidavits be filed within a period of four weeks.

Several counsels present in Court have also expressed difficulty in obtaining information from HDFC Bank. Accordingly, the Nodal Officer, HDFC Bank - Sameer Tiwari (Office Address: HDFC Bank Ltd, 5th Floor Ambience Mall Sector -10 Rohini, Delhi-110085) the Regional Manager, HDFC Bank FIND A NAME AND EMAIL ADDRESS shall remain present in Court on the next date of hearing.

Copy of this order be also sent to the nominated counsel for HDFC Bank - Mr. Sanjay Gupta, Advocate (M: 9811152920, Email: sanjay_gupta @sngpartners.in) by email and mobile number.

It is made clear that whenever any information is requested by the Cyber Crime Cells of police authorities, banks ought to respond to the same in a diligent manner.

Insofar as the Google LLC is concerned, vide order dated 27^th September, 2023 a direction was issued to nominate one official who would communicate with the Delhi Police - Cyber Crime Cell and provide them the information that they would need in respect of fraudulent websites. The relevant part of the said order is as under:

Today, Mr. Aditya Gupta, ld. Counsel has submitted that Google LLC has appointed a Nodal Officer in compliance of the said order. He submits that vide letter dated 3rd November, 2023, the Nodal Officer’s email address as also the mobile number have been communicated to Ms. Sethi, ld. ASC. A copy of the same has been handed over to the Court as also Ms. Sethi, ld. ASC.

Ms. Sethi, ld. ASC points out that in a number of cases, the ultimate accused are located in different states such as West Bengal, Bihar, Maharashtra etc., and it is difficult for the Delhi Police - Cyber Crime Cell to prosecute the cases in those states.

There appears to be a need for some coordination between the Cyber Crime Cell of all Police Authorities. For the said purpose, issue notice to the Ministry of Home Affairs (MHA).

Mr. Manish Mohan, ld. CGSC accepts notice.

Let a meeting be called by the concerned Joint Secretary, MHA of all the Cyber Crime Cells in various states in order to have some coordination between them for dealing with such fraudulent transaction cases. Let the said meeting be held by 20th December, 2023 at 3:00 pm.

List on 1st February, 2024 for further hearing in all these matters on the broad aspects which are being currently considered.

Insofar as the specific matters and the applications pending therein are concerned the same are listed as per the following table: