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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIKRAM AGGARWAL
Chakravarthy Madasu – Appellant
Versus
Cardiolab Healthcare India Pvt. Ltd. – Respondent
JUDGMENT :
Vikram Aggarwal, J. (Oral)
1. The present revision petition assails the order dated 20.07.2023 (Annexure P-5) passed by the Court of learned Civil Judge (Jr. Divn.), SAS Nagar, Mohali vide which the application submitted by petitioner/defendant No.1 seeking his cross-examination by way of video conferencing was declined.
2. A suit for recovery of Rs.5,48,000/- along with interest was filed by the respondent-plaintiff against the petitioner/defendant No.1 (Annexure P-1). During the evidence of the defendants, petitioner appeared as DW-1. His examination-in-chief was conducted on 02.03.2023. However, his cross-examination was deferred and he was bound down for 14.03.2023.
3. An application (Annexure P-3) was moved by the petitioner /defendant No.1 seeking his cross-examination through video conferencing. It was averred that since he is a native of Hyderabad, Telengana, which is 1800 kilometers away from SAS Nagar, where the trial is pending, it is tough for him to travel for many days and spend substantial amount on the same. The application was opposed by way of a reply (Annexure P-4). It was averred that since defendant No.1 was a material witness, his physical appearance wa
Judicial endorsement of video conferencing for evidence collection is mandated, emphasizing modern practices should not be obstructed by technicalities.
The main legal point established is the applicability of Video Conferencing Rules to civil proceedings and the requirement for a Coordinator at the remote point for examining a witness through video ....
The main legal point established in the judgment is the necessity of responding to the call of social distancing and ensuring the sanctity of testimony through video conferencing, in line with the gu....
The court confirmed video conferencing for evidence recording aligns with modern judicial practices despite legal challenges on witness presence.
The court affirmed that cross-examination via video conferencing is permissible under the Electronic Video Linkage Rules, enhancing access to justice.
The court allowed the relaxation of video conferencing rules enabling a complainant abroad to record evidence, emphasizing the role of discretion to avoid undue hardship in legal proceedings.
The petitioner's right to participate in the proceedings and the absence of prejudice to the complainant influenced the court's decision to allow the recall of the complainant for further cross-exami....
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