The Delhi High Court restrained a forensic investigator from disclosing privileged information in a suit by Kochhar & Co. It found a prima facie case and ruled that allowing disclosure would cause irreparable harm, granting interim protection to the law firm.
The Delhi High Court has barred a forensic investigator from revealing confidential and legally privileged information related to a suit filed by law firm Kochhar & Co. Justice Mini Pushkarna issued the interim order on April 7 in response to Kochhar & Co.’s petition alleging a breach of professional confidentiality and privilege.
The Court found that Kochhar & Co. had established a prima facie case and that the balance of convenience favored the firm.
The Court further held that “irreparable harm” would result if interim relief were not granted.
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The dispute stems from an investigation commissioned by Kochhar & Co. on behalf of pharmaceutical company Mylan following a fire at its Nashik plant on February 14.
Kochhar & Co. engaged a third-party forensic service provider, which subcontracted the work to Nilesh Ukunde (the defendant).
According to the firm’s petition, the investigator was subject to strict contractual and statutory duties to preserve confidentiality and legal privilege over all material gathered during the assignment. The firm relied on the engagement letter and a subsequent purchase order to show these obligations were expressly set out.
Kochhar & Co. alleged that the investigator breached those duties by discussing his findings with employees and other individuals, including suspects, thereby undermining the integrity of the probe. He was instructed to stop work on March 10.
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The law firm also 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 claimed he continued to contact witnesses and others connected to the incident, interfering with both the internal inquiry and an on‑going police investigation.
Before the High Court, Kochhar & Co. stated that although the investigator’s fee of Rs 11.8 lakh was payable by the intermediary, the firm was willing to deposit the amount before the Court to demonstrate its bona fides.
On the basis 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 remain in effect until the next hearing.
The Court also issued summons in the suit and directed the defendants to file their replies within 30 days.
Kochhar & Co. was represented by Senior Advocate Sandeep Sethi, assisted by advocates Samiron Borkataky, Ikshvaaku Marwah, Krishna Gambhir, Shreya Sethi and Riya Kumar.
Case Title: Kochhar & Co. v. Nilesh Ukunde.
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