Delhi High Court restrains forensic investigator from disclosing confidential contents of suit filed by Kochhar & Co.

The Delhi High Court has restrained a forensic investigator from disclosing confidential and legally privileged information forming part of a suit filed by law firm Kochhar & Co. [Kocchar & Co Vs Nilesh Ukunde]..Justice Mini Pushkarna passed the interim order on April 7 on a plea by filed by Kocchar & Co. alleging breach of professional confidentiality and privilege.The Court observed that Kochhar & Co. had made out a prima facie case and that the balance of convenience lay in its favour. The Court further held that irreparable harm would be caused if interim protection was not granted..The dispute arose from an investigation commissioned by Kochhar & Co. on behalf of pharma giant Mylan following a fire at its Nashik plant on February 14. The law firm had engaged a third-party entity for forensic assistance, which in turn appointed Nilesh Ukunde (defendant) as a sub-contracted forensic investigator.According to Kochhar's plea, the investigator was bound by strict contractual and statutory obligations to maintain confidentiality and legal privilege over all material obtained during the assignment. The firm relied on the engagement letter and subsequent purchase order to argue that these obligations were clearly stipulated.However, it alleged that the investigator breached these obligations by discussing his findings with employees and other individuals, including suspects thereby, compromising the integrity of the probe. He was subsequently directed to cease work on March 10..The law firm further alleged that on April 1, the investigator prepared an unauthorised report containing confidential and privileged information and circulated it to police authorities and third parties. It was also claimed that he continued to contact witnesses and individuals connected with the incident thus, interfering with both the internal investigation and an ongoing police probe.During the hearing before the High Court, Kochhar & Co. submitted that although the investigator’s fee of ₹11.8 lakh was payable by the intermediary entity, it was willing to deposit the amount before the Court to demonstrate bona fides..Taking note of these submissions, the Court restrained Ukunde from disclosing, publishing or circulating the April 1 report or any confidential or privileged material related to the assignment. The restraint will operate until the next date of hearing..The Court also issued summons in the suit and directed the defendants to file their responses within 30 days..Kochhar & Co. was represented by Senior Advocate Sandeep Sethi with advocates Samiron Borkataky, Ikshvaaku Marwah, Krishna Gambhir, Shreya Sethi and Riya Kumar..[Read Judgment]