DLT v Thampi: Civil Contempt & Sentencing for Disobeying Data Deletion Order
In Distributed Ledger Technologies (DLT) Pte Ltd and Dowser Group Pte Ltd v Suji Mannattu Thampi and others, the General Division of the High Court of Singapore addressed the consequences of disobeying a discharge order. The plaintiffs, Distributed Ledger Technologies (DLT) Pte Ltd and Dowser Group Pte Ltd, were found in contempt of court for retaining and using data that they were ordered to irretrievably delete. The court imposed fines on the plaintiffs, as well as Mr. Patel and Mr. Neji, for their roles in the contempt.
1. Case Overview
1.1 Court
General Division of the High Court of the Republic of Singapore1.2 Outcome
Fines imposed on all four contempt respondents: Distributed Ledger Technologies (DLT) Pte Ltd, Dowser Group Pte Ltd, Suji Mannattu Thampi, Sheravathy Suji Thampi, Samir Vinodray Makwana, Thiyagarajan Athmanathan, Sevnic Pte Ltd (formerly known as Digital Vyuh Pte Ltd), Intellidocx Asia Pte Ltd, Atulkumar Nanjibhai Patel, and Samir Salim Neji.
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Plaintiffs DLT and Dowser, Mr. Patel, and Mr. Neji found in contempt for disobeying data deletion order. Fines imposed for retaining and using data.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Distributed Ledger Technologies (DLT) Pte Ltd | Plaintiff | Corporation | Fine Imposed | Lost | |
| Dowser Group Pte Ltd | Plaintiff | Corporation | Fine Imposed | Lost | |
| Suji Mannattu Thampi | Defendant | Individual | Costs Awarded | Won | |
| Sheravathy Suji Thampi | Defendant | Individual | Neutral | Neutral | |
| Samir Vinodray Makwana | Defendant | Individual | Neutral | Neutral | |
| Thiyagarajan Athmanathan | Defendant | Individual | Neutral | Neutral | |
| Sevnic Pte Ltd (formerly known as Digital Vyuh Pte Ltd) | Defendant | Corporation | Neutral | Neutral | |
| Intellidocx Asia Pte Ltd | Defendant | Corporation | Neutral | Neutral | |
| Atulkumar Nanjibhai Patel | Other | Individual | Fine Imposed | Lost | |
| Samir Salim Neji | Other | Individual | Fine Imposed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Andre Maniam | Judge of the High Court | Yes |
4. Counsels
4. Facts
- Plaintiffs obtained a search order on 25 September 2020, which was varied on 7 October 2020.
- The search order was discharged on 3 December 2020 due to material non-disclosure.
- The discharge order required the plaintiffs to irretrievably delete data obtained by the search.
- Plaintiffs filed affidavits on 14 January 2021 confirming irretrievable deletion of the affected defendants’ data.
- Mr. Nikhil Joshi sent an email with a spreadsheet containing data obtained by the search to Mr. Neji, Mr. Gala, and Mr. Patel on 28 April 2021.
- Mr. Patel used the spreadsheet to draft paragraphs of his Affidavit of Evidence-In-Chief.
- Mr. Patel initially denied using the spreadsheet but later admitted to it.
5. Formal Citations
- Distributed Ledger Technologies (DLT) Pte Ltd and anothervSuji Mannattu Thampi and others, Suit No 903 of 2020 (Summons 3724 of 2023), [2024] SGHC 148
6. Timeline
| Date | Event |
|---|---|
| Search order obtained | |
| Search order varied | |
| Search order discharged | |
| Affidavits filed confirming irretrievable deletion of data | |
| Email sent by Mr. Nikhil Joshi with spreadsheet attached | |
| Mr. Patel’s Affidavit of Evidence-In-Chief affirmed | |
| First defendant applied for paragraphs of Mr. Patel’s AEIC to be struck out | |
| Mr. Patel filed a reply affidavit | |
| Plaintiffs' lawyers asked about aide memoires | |
| P1 disclosed to court | |
| Hearing of the first defendant’s application for contempt | |
| Judgment reserved | |
| Judgment issued |
7. Legal Issues
- Civil Contempt
- Outcome: The court found the plaintiffs, Mr. Patel, and Mr. Neji to be in contempt of court.
- Category: Substantive
- Disobedience of Court Order
- Outcome: The court found that the plaintiffs disobeyed the discharge order by retaining and using data they were ordered to delete.
- Category: Substantive
8. Remedies Sought
- Fines
- Imprisonment
9. Cause of Actions
- Contempt of Court
10. Practice Areas
- Civil Contempt
- Sentencing
11. Industries
- Technology
- Legal Services
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Mok Kah Hong v Zheng Zhuan Yao | Singapore Court of Appeal | Yes | [2016] 3 SLR 1 | Singapore | Cited for principles of sentencing for contempt. |
| PT Sandipala Arthaputra v STMicroelectronics Asia Pacific Pte Ltd and others | Singapore Court of Appeal | Yes | [2018] 4 SLR 828 | Singapore | Cited for principles of sentencing for contempt. |
| Sembcorp Marine Ltd v Aurol Anthony Sebastian | Singapore High Court | Yes | [2013] 1 SLR 245 | Singapore | Cited for principles of sentencing for contempt. |
| Wang Xiaopu v Goh Seng Heng and another | Singapore High Court | Yes | [2021] SGHC 282 | Singapore | Compared to the present case to justify not imposing a custodial sentence. |
| Baker, Michael A v BCS Business Consulting Services | Singapore Court of Appeal | Yes | [2024] 3 SLR 302 | Singapore | Compared to the present case to justify not imposing a custodial sentence. |
| Neo Chin Heng v Good Year Contractor Pte Ltd | Singapore High Court | Yes | [2024] SGHC 52 | Singapore | Compared to the present case to determine the appropriate fine. |
| Summit Holdings and another v Business Software Alliance | Singapore Court of Appeal | Yes | [1999] 2 SLR (R) 592 | Singapore | Distinguished from the present case regarding the nature of the breach. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Administration of Justice (Protection) Act 2016 (2020 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Discharge order
- Search order
- Irretrievable deletion
- Material non-disclosure
- Contempt of court
- Affidavit of Evidence-In-Chief
- Data retention
15.2 Keywords
- Contempt
- Data deletion
- Search order
- Singapore
- Civil procedure
- Fines
- Imprisonment
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Contempt of Court | 95 |
| Breach of Discharge Order | 80 |
| Evidence Law | 30 |
| Civil Practice | 25 |
16. Subjects
- Contempt of Court
- Civil Procedure
- Data Protection