Court No. - 37 Case :- WRIT TAX No. - 541 of 1999 Petitioner :- M/S Ratah Industries, Alld. & Another Respondent :- Commissioner, Central Excisea, Alld. & Another Petitioner Counsel :- V.K. Singh,A.A. Ansari,Bharatji Agarwal,S.K. Garg Respondent Counsel :- K.C. Sinha,C.S.C.,K.K. Rai Hon'ble Rajes Kumar,J.
Hon’ble Subhash Chandra Nigam,J.
Sri A.K. Agarwal, Advocate Commissioner, has submitted the report. In the
report he has stated that on 10.12.2009 he visited the office of the Central
Excise, Allahabad, and sealed box containing floppies and hard disc of M/s.
Rahat Industries was opened int he presence of (A) Sri Shambhu Chopra,
Advocate, counsel for the respondents, (B) Sri Mohd. Arshad, s/o SriMohd.
Ajmal, Partner, M/s. Rahat Industries, (C) Sri Mohd. Ajmal, s/o Sri Mohd.
Umar, Partner, Indian Chemical Co., (D) Sri Shadab Jamal, s/o Sri Mohd.
Ajmal, Partner, M/s. Rahat Industries, (E) Sri Shubhranshu Shekhar, counsel
for the petitioner and (F) Sri H.S. Rawat, Joint Commissioner, Central Excise
Department, Allahabad, and floppies No. 46, 49, 57 and 59 were taken out
and inserted into the Floppie Drive of several computers, but the computer
could not read any matter and shows the message as follows :
“The Disk in Drive “A” is not formatted.”
Sri A.K. Agarwal also mentioned that when floppies were inserted in
computer they were read in Drive “A” and corrupt/lost datas of old floppies
can be restored by Software experts who have specialization in Data
Restoration and their help could be taken in future.
Sri Shambhu Chopra, Standing Counsel, states that some date may be fixed to
take the help of Software expert to get the data restored.
Sri Bharat Ji Agrawal, learned Senior Counsel for the petitioner, submits that
the name of the expert should be known to all the parties concerned and the
name should be approved by this Court and then only such person may be
permitted to act.
Let learned counsel for the petitioner, learned Standing Counsel and Sri A.K.
Agarwal may suggest the name of the expert within a week.
List this matter in the next cause list for appropriate order.
Order Date :- 13.1.2010
PG