Delhi High Court - Orders
Captain(Retd) Rajinder Nath Kumrah vs Harbans Lall Kumrah & Ors on 22 December, 2022
Author: Chandra Dhari Singh
Bench: Chandra Dhari Singh
$~20
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 1034/2011
CAPTAIN(RETD) RAJINDER NATH KUMRAH ..... Plaintiff
Through: Mr. Navin Kumar, Advocate
versus
HARBANS LALL KUMRAH & ORS ..... Defendants
Through: Mr. Tarun Singla, Advocate for D-1
Ms. Neha Gandhi, Proxy counsel for
D-2
Mr. Apoorav K. Sharma, Advocate
for D-4 and 5
CORAM:
HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
ORDER
% 22.12.2022 I.A. 22109/2022 (u/O XVIII Rules 3 & 4)
1. This is an application under Order XVIII Rules 3 and 4 read with Section 151 of the Code of Civil Procedure, 1908, filed on behalf of defendant no. 2 seeking the following relief:-
"It is therefore most respectfully prayed that this Hon'ble Court may kindly be pleased to permit recording of evidence of defendant No. 2, Shri Raj Kumar Kumrah through Video Conferencing from Indian Consulate/Embassy at Chicago, USA [remote end] with such directions, which this Hon'ble Court may deem fit and proper..."
2. Learned counsel appearing on behalf of applicant/defendant no. 2 Signature Not Verified Digitally Signed By:GAURAV SHARMA Signing Date:23.12.2022 19:32:09 submitted that the distance between defendant no. 2's home (which is in Green Bay, Wisconsin, USA) to nearest office of Indian Consulate/Embassy in Chicago is about 230 miles and witness will require to drive for 3 to 4 hours to reach Indian Consulate at Chicago. It is further submitted that keeping in view the advanced age of defendant no. 2, it is requested that evidence of defendant no. 2 may be permitted to be recorded through Video Conferencing from Indian Consulate/Embassy at Chicago and this Court may permit any officer of Indian Consulate/Embassy at Chicago to act as Coordinator at remote end.
3. There is no objection on behalf of the plaintiff to the prayer made on behalf of defendant no. 2.
4. For the sufficient cause being shown in the instant application, the same is allowed. Accordingly, the application stands disposed of.
I.A. 22134/2022 (Directions) List on 25th January, 2023.
CHANDRA DHARI SINGH, J DECEMBER 22, 2022 Dy/@k Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:GAURAV SHARMA Signing Date:23.12.2022 19:32:09