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SUPREME COURT OF INDIA
DALVEER BHANDARI, DEEPAK VERMA, JJ.
Kunal Saha – Appellant
Versus
Sukumar Mukherjee & Ors. - Respondent
Civil Appeal No.3173 of 2011.(Arising out of Special Leave to Appeal (Civil) No(s).27071/2010).
Decided on : 07-04-2011
Video Conferencing - Examination of Foreign Experts - Summary
Fact of the Case:
The appellant sought permission to examine two foreign experts, economists, through video conferencing at the cost of the respondents.
Finding of the Court:
The court permitted the examination of the experts through internet conferencing instead of video conferencing, with the appellant bearing the expenses. The former Joint Registrar of the Delhi High Court was appointed to oversee the internet conferencing and submit a report to the National Commission. The entire process was directed to be completed within four weeks, and the National Consumer Disputes Redressal Commission was requested to decide the case expeditiously.
Issues: Examination of foreign experts through video conferencing, expenses, and expeditious resolution of the case.
Ratio Decidendi: The court balanced the need for expert examination with the control of expenses by allowing internet conferencing instead of video conferencing, with the appellant bearing the expenses and ensuring oversight by appointing a former Joint Registrar of the Delhi High Court.
Final Decision: The appeal was disposed of with the mentioned observations and directions.
ORDER :
Dr. Dalveer Bhandari, J.
Leave granted. Vide its judgment dated August 7, 2009, delivered in Malay Kumar Ganguly v. Sukumar Mukherjee (2009) 9 SCC 221, this Court directed as under:
2. Mr. Krishnamani, learned senior counsel appearing on behalf of the appellant submits that he wishes to examine only two experts, namely, Prof. John Broughton and Prof. John F. Burke, Economists. However, he has given up two other experts.
3. Learned counsel for the respondents submits that to avoid unnecessary expenses, the appellant may be permitted to examine these two experts on internet conferencing instead of video conferencing. We order accordingly.
4. Mr. Krishnamani, learned senior counsel undertakes to bear the expenses for examination of these experts by internet conferencing. Mr. Krishnamani further submits that he would ascertain the convenience of the experts and after fixing up the date and time of these experts for examination and cross-examination through internet conferencing, he would intimate the parties within two weeks. The internet conferencing would be conducted in the presence of Mr. R.S. Chhabra - former Joint Registrar, Delhi High Court, (Add: A-8, Shekhar Apartment, Mayur Vihar, Phase I Extension, Delhi, Ph: 22743713, 9868806561) for which he shall be paid Rs. 25,000/- by the appellant. A short report be submitted by Mr. Chhabra to the National Commission.
5. Let the entire process be completed within four weeks from today. After the internet conferencing is complete, we request the National Consumer Disputes Redressal Commission to decide the case as expeditiously as possible.
6. With these observations and directions this appeal is disposed of. A copy of this order be sent to Mr. Chhabra forthwith.
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