M/S Ecolab Inc. vs M/S Eaco Labs Ltd.
2009 Latest Caselaw 4551 Del

*          IN THE HIGH COURT OF DELHI AT NEW DELHI


                                                     Date of Reserve: October 22, 2009
                                                      Date of Order: November 09, 2009

+IA 13139 of 2009 in CS(OS) 2248 of 2007
%                                                                          09.11.2009
      M/s Ecolab Inc.                                              ...Plaintiff
      Through: Mr. K.G. Bansal, Advocates

       Versus

       M/s Eaco Labs Ltd.                                          ...Defendant
       Through: Nemo


       JUSTICE SHIV NARAYAN DHINGRA

1.     Whether reporters of local papers may be allowed to see the judgment?

2.     To be referred to the reporter or not?

3.     Whether judgment should be reported in Digest?


       ORDER

1. This application under Section 151 of CPC has been made by the applicant/

plaintiff seeking exemption from appearing in person for tendering an affidavit in an ex

parte evidence.

2. Learned counsel for plaintiff has relied on Glaxosmithkline pharmaceuticals Ltd. v

Theodar Laboratories Pvt. Ltd. 2006(32) PTC 629 (Del.) wherein this Court had held that

in view of Order 19 Rule 2 CPC such an application can be allowed and personal

appearance of a witness can be dispensed with. To the same effect Judgment of the

Supreme Court in Ameer Trading Corporation Ltd. v Shapoorji Data Proceessing Ltd. JT

2003(9) SC 109 wherein the Supreme Court held that the presence of a party during

examination in chief was not imperative and if any objection is taken to any statement

CS(OS) 2248 of 2007 M/s Ecolab Inc. v. M/s Eaco Labs Ltd. Page 1 Of 2 made in the affidavit, the said objection can be taken before the Court in writing and the

witness be called in case he is desired to be cross examined.

3. In view of above facts and settled legal position, I allow this application. The

personal appearance of witness is hereby dispensed with.

November 09, 2009                                      SHIV NARAYAN DHINGRA J.
rd




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