Delhi High Court - Orders
Hermès International & Anr vs Sahil Malik & Anr on 5 January, 2024
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 226/2019
HERMÈS INTERNATIONAL & ANR. ..... Plaintiffs
Through: Ms. Yamini Jaswal, Advocate.
versus
SAHIL MALIK & ANR. ..... Defendants
Through: Mr. Sumant De and Mr. Rohit
Khurana, Advocates.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 05.01.2024 I.A. 12668/2023(under Order XXVI Rules 2, 4 and 5 r/w Section 151 of CPC on behalf of Plaintiffs)
1. Plaintiffs seek permission to examine PW-1, Mr. Jean-Claude Masson, through video conferencing mechanism, as the said witness resides in France. This request is not opposed by counsel for Defendants.
2. For the grounds and reasons stated in the application, the same is allowed and the following directions are issued:
(a) Examination of PW-1 will be conducted by video-conferencing in terms of High Court of Delhi (Video Conferencing Rules), 2021 ("Rules").
(b) Mr. Alok Agarwal, Additional District Judge (Retired) [Contact No.:
9910384729], is hereby appointed as the Commissioner1 and shall preside over the proceedings at Court Point for recording of evidence and determine This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 26/01/2024 at 22:48:47 the granular details regarding the recording of the testimony of PW-1 in terms of the Rules. PW-1 will be examined on the date and time as may be fixed by the Commissioner and the Remote Point Co-ordinator (appointment discussed below).
(c) The Embassy of India in France is requested to nominate an official of the Embassy as the Remote Point Co-ordinator.
(d) The Deputy Registrar (Computers) is appointed as the Co-ordinator at Court Point, with respect to technical aspects of video conferencing for the purpose of conducting evidence.
(e) The facility available at the Delhi High Court for video conferencing shall be treated as the Court Point as defined under Rule 2(5) of the Rules.
(f) The Co-ordinators shall be physically present at their respective Points during the recording of evidence and render all functions and perform all duties of such Coordinators under the Rules.
(g) Counsel for Plaintiffs shall forward a copy of this order to the Court Commissioner and the Co-ordinators.
(h) The witness will be examined on the date and at the time as may be fixed by the learned Commissioner and the Remote Point Co-ordinator.
(i) The encrypted master copy (with hash value) of the recording of the video-conference shall be retained with the Commissioner.
(j) The remuneration of the learned Commissioner is fixed at ₹1,50,000/- for the aforesaid purpose.
(k) The Embassy may also indicate the costs/charges/remuneration for the services of the Remote Point Coordinator.
(l) Plaintiffs shall bear the costs and expenses executing this 1 In terms of Rule 2(ii) of the Rules.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 26/01/2024 at 22:48:47 Commission.
(m) The Commissioner is directed to forward a copy of this order to the Embassy of India (France & Principality of Monaco) and take steps necessary for the recording of evidence of PW-1 in terms of this order. He will also forward a copy of the Rules to the Embassy and the Remote Point Co-ordinator.
(n) All relevant provisions of the Rules must be strictly adhered to.
3. List for fixing dates for recording of evidence of said witness through video conferencing and for completing the formalities and fixing of modalities ancillary thereto, before the Joint Registrar on 29th January, 2024.
4. Disposed of.
SANJEEV NARULA, J JANUARY 5, 2024 d.negi This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 26/01/2024 at 22:48:48