Eaton Corporation & Anr. vs Bch Electric Limited
2017 Latest Caselaw 3100 Del

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* IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                   Judgment delivered on: 07.07.2017
+        IA No.7359/2017 in CS (COMM) 623/2016

EATON CORPORATION & ANR.                                      ..... Plaintiffs

                           versus
BCH ELECTRIC LIMITED                                          ..... Defendant
Advocates who appeared in this case:
For the Plaintiffs         : Mr Navneet Mani, Advocate.

For the Defendant:         Mr Peeyoosh Kalra, Ms V.Mohini and Ms Shreyosi Pal.

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
                   JUDGMENT

07.07.2017

SANJEEV SACHDEVA, J. (ORAL) IA No.7359/2017(evidence by way of video conferencing)

1. This is an application on behalf of the plaintiffs seeking appropriate directions to the Registrar (Computers) to facilitate the recording of evidence of one witness of the plaintiffs, namely, Mr Daniel S. Kalka, who is based in Ohio, USA.

2. Learned counsel for the Defendant has no objections. Accordingly, the application is allowed.

3. It is directed as under:-

(i) Evidence of the witness Mr Daniel S.Kalka shall be recorded through video conferencing between Delhi, India and New York, USA.

(ii) In Delhi, the Video Conferencing shall be conducted in the facilities available in the Annexe Block of the Delhi High Court.

(iii) The Registrar (Information Technology) of this Court is appointed as the Coordinator with regard to the technical aspects of video conferencing in India.

(iv) The Indian Embassy at New York shall nominate a senior officer not below the rank of Deputy Secretary, Government of India to facilitate video conferencing.

(v) The officer nominated by the Indian Embassy shall co-ordinate the video conferencing arrangements in New York and shall remain present at the time of recording of the evidence of the witness Mr Daniel S. Kalka.

(vi) The officer nominated by the Indian Embassy in terms of the direction at serial no.(iv) above shall

ensure that apart from his own presence, only counsel for the plaintiffs/defendant are present at the time of video conferencing. He shall ensure that no manner of prompting by word or signs or by any other mode is permitted.

(vii) The officer nominated by the Indian Embassy shall verify the identity of the witness before commencement of the examination.

(viii) As soon as the identification part is complete, oath will be administered by the Joint Registrar (J.R.) through electronic media as per Oaths Act, 1969.

(ix) The witness shall be examined during working hours of Indian Courts. The plea of any inconvenience because of time difference between India and New York shall not be allowed. However, the convenience of the Indian Embassy in New York shall be taken into consideration in fixing the time and schedule.

(x) The cross-examination, as far as practicable, be proceeded without any interruption and without granting unnecessary adjournments. However, discretion of the Court (J.R.) shall be respected.

(xi) The Court (J.R.) may record any material remarks regarding the demeanor of the witness while on the screen and shall note the objections raised during recording of evidence.

(xii) The deposition of the witness shall be signed immediately in the presence of the nominated officer of the Indian Embassy. The said officer shall certify/attest the signatures of the witness.

(xiii) The audio and visual shall be recorded at both the locations and copies thereof shall be provided to the parties at the expense of the plaintiffs.

(xiv) The plaintiffs shall bear the cost/expenses of the video conferencing. The expenses for the video conferencing to be undertaken in New York shall be informed to the plaintiffs through counsel, by the Indian Embassy. However, in case of any difficulty, the same may be communicated to the Registrar (IT) of this Court by e-mail, who shall communicate the same to the plaintiffs' lawyer in India.

(xv) The officer of the Indian Embassy to be nominated by the Indian Embassy shall be paid a lump sum amount of Rs. 50,000/- as honorarium.

(xvi) The plaintiffs shall deposit, with the Registry of this Court within two weeks, an amount of Rs. 10,000/- towards cost of preparation of the certified copies. The Registry shall thereafter prepare certified copies of the entire record of the case, which shall be sent in separate folders clearly marked as order sheets; pleadings; applications; plaintiff's documents and defendant's documents. The same shall be forwarded to Indian Embassy with the assistance of Ministry of External Affairs.

(xvii) This record shall be made available to the officer nominated by the Indian Embassy for the purpose of undertaking the video conferencing as it would be necessary for recording the statement and cross examination of the witness.

(xviii) In case the defendant is desirous of being physically present in New York at the time of recording of the evidence, it shall be open for it to make arrangements on its own cost for appearance and its representation. The defendant shall ensure that prior intimation in this regard is filed in the Registry of this Court giving full particulars of the names of the persons as well as enclosing documents of authority in respect of the persons,

who shall be representing them in the proceedings. The intimation in this regard as well as documents shall also be furnished to Indian Embassy in New York.

4. The application is allowed in the above terms leaving the parties to bear their own costs.

CS(COMM) 623/2016

List the matter before Joint Registrar for directions on 13th July, 2017.

Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J JULY 07, 2017/'Sn'