Janak Datwani v. Cna Exports Pvt Ltd & ORS.
$~48 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO(OS) 40/2024 & CM 19140/2024 JANAK DATWANI .....Appellant Through:
Mr Dhruv Gupta, Advocate.
versus CNA EXPORTS PVT LTD & ORS.
.....Respondent Through:
Mr Vivek Sharma, Advocate for R-1.
Mr Bhushan Kapur, Advocate for R-2
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER HON'BLE MR. JUSTICE AMIT BANSAL
O R D E R
% 18.07.2024 [Physical Hearing/Hybrid Hearing (as per request)] CAV 157/2024 1.
Since the respondent is represented by counsel, the caveat stands discharged.
FAO(OS) 40/2024 & CM 19140/2024 2.
This appeal is preferred against the order dated 14.03.2024 passed by the learned Single Judge.
3.
Via the impugned order, the learned Single Judge has dismissed the application moved by the appellant/plaintiff seeking permission to lead evidence via video conferencing.
4.
In the operative part, the learned Single Judge has made the following observations:
"5.
The applicant/plaintiff got the permission to travel to abroad on 24.02.2024 and he took the flight on 07.03.2024 and if the applicant/plaintiff has the regard for recording of his evidence, he would have moved the application in the interregnum for recording of evidence. FAO(OS) 40/2024 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 23/07/2024 at 11:57:47
6.
Accordingly, at this stage, there is no merit in the present application, which is hereby dismissed."
5.
Having regard to the observations made by the learned Single Judge, in our view, no interference is called for with the impugned judgment and order.
6.
The learned Single Judge has not foreclosed, as contended by the learned counsel for the appellant/plaintiff, the right of the appellant/plaintiff to lead evidence via video conferencing.
7.
We may note that this Court has framed and notified rules for conducting proceedings and recording evidence via video conferencing, i.e., the 'High Court of Delhi Rules for Video Conferencing for Courts 2021'. 8.
If and when an application is moved, the concerned Judge will have regard to the rules and the facts and circumstances of the case to determine whether or not such permission ought to be granted. 9.
The appeal is disposed of in the aforesaid terms. RAJIV SHAKDHER, J AMIT BANSAL, J JULY 18, 2024 rt Click here to check corrigendum, if any FAO(OS) 40/2024 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 23/07/2024 at 11:57:47