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Reza Daru Pars Company & Others v/s Nani Pharmaceuticals Pvt. Ltd. & Another


Company & Directors' Information:- B S P PHARMACEUTICALS LIMITED [Active] CIN = U24231GJ1987PLC009556

Company & Directors' Information:- G P T PHARMACEUTICALS PRIVATE LIMITED [Active] CIN = U24233TG2009PTC064156

Company & Directors' Information:- A N PHARMACEUTICALS PRIVATE LIMITED [Active] CIN = U24233DL2000PTC108617

Company & Directors' Information:- P AND B PHARMACEUTICALS LIMITED [Active] CIN = U24230MH1978PLC020846

Company & Directors' Information:- E L C PHARMACEUTICALS PRIVATE LIMITED [Active] CIN = U24239DL1998PTC097310

Company & Directors' Information:- V C PHARMACEUTICALS (INDIA) PRIVATE LIMITED [Active] CIN = U24230KL2012PTC031429

Company & Directors' Information:- C I PHARMACEUTICALS PVT. LTD [Active] CIN = U24233WB1988PTC045057

Company & Directors' Information:- M J PHARMACEUTICALS PRIVATE LIMITED [Active] CIN = U24230MH1996PTC101370

Company & Directors' Information:- R. J. PHARMACEUTICALS (INDIA) PRIVATE LIMITED [Under Liquidation] CIN = U24232RJ1994PTC008899

Company & Directors' Information:- R P L (INDIA) PHARMACEUTICALS PRIVATE LIMITED [Active] CIN = U24239DL2002PTC115402

Company & Directors' Information:- L S K PHARMACEUTICALS PRIVATE LIMITED [Strike Off] CIN = U24231KA1990PTC011299

Company & Directors' Information:- P P PHARMACEUTICALS PRIVATE LIMITED [Active] CIN = U24232WB2003PTC096731

Company & Directors' Information:- F C PHARMACEUTICALS PRIVATE LIMITED [Active] CIN = U24239GJ2007PTC051567

Company & Directors' Information:- G D S J PHARMACEUTICALS PRIVATE LIMITED [Strike Off] CIN = U24239DL2001PTC109888

Company & Directors' Information:- NANI PHARMACEUTICALS PRIVATE LIMITED [Strike Off] CIN = U51397DL2010PTC201666

Company & Directors' Information:- S S M PHARMACEUTICALS PRIVATE LIMITED [Active] CIN = U24232RJ1982PTC002502

Company & Directors' Information:- S S PHARMACEUTICALS PRIVATE LIMITED [Active] CIN = U24231UP1982PTC005587

Company & Directors' Information:- M A S PHARMACEUTICALS PRIVATE LIMITED [Active] CIN = U51397PB2004PTC027688

Company & Directors' Information:- A V PHARMACEUTICALS PRIVATE LIMITED [Amalgamated] CIN = U24232DL1999PTC098651

Company & Directors' Information:- P G PHARMACEUTICALS PRIVATE LIMITED [Active] CIN = U74899DL1990PTC039757

Company & Directors' Information:- E M PHARMACEUTICALS PRIVATE LIMITED [Active] CIN = U24239MH1992PTC066216

Company & Directors' Information:- B D PHARMACEUTICALS PRIVATE LIMITED [Active] CIN = U24233WB2009PTC132243

Company & Directors' Information:- A G D PHARMACEUTICALS PVT LTD [Strike Off] CIN = U24231KL1984PTC003885

Company & Directors' Information:- S T PHARMACEUTICALS PVT LTD [Strike Off] CIN = U51909WB1989PTC047031

Company & Directors' Information:- N V K PHARMACEUTICALS PRIVATE LIMITED [Under Process of Striking Off] CIN = U24296UP2016PTC082942

Company & Directors' Information:- G K D PHARMACEUTICALS PRIVATE LIMITED [Strike Off] CIN = U24231WB1999PTC089334

Company & Directors' Information:- C F PHARMACEUTICALS PRIVATE LIMITED [Strike Off] CIN = U24231TN1982PTC009598

Company & Directors' Information:- M D PHARMACEUTICALS PRIVATE LIMITED [Strike Off] CIN = U24232WB2008PTC121471

Company & Directors' Information:- I. S. PHARMACEUTICALS PRIVATE LIMITED [Active] CIN = U24306KA2016PTC097524

Company & Directors' Information:- A M PHARMACEUTICALS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U24233KL2010PTC026018

Company & Directors' Information:- B. C. PHARMACEUTICALS PRIVATE LIMITED [Active] CIN = U51900UP2018PTC109946

Company & Directors' Information:- M M PHARMACEUTICALS LIMITED [Strike Off] CIN = U24231TN1982PLC009714

Company & Directors' Information:- S AND S PHARMACEUTICALS INDIA PVT LTD [Strike Off] CIN = U24232CH1984PTC005799

Company & Directors' Information:- N C PHARMACEUTICALS PVT LTD [Strike Off] CIN = U24239HP1986PTC006997

Company & Directors' Information:- R G PHARMACEUTICALS CO PVT LTD [Strike Off] CIN = U24231HP1978PTC003877

Company & Directors' Information:- B M G PHARMACEUTICALS PVT LTD [Under Liquidation] CIN = U24232WB1974PTC029532

Company & Directors' Information:- M S PHARMACEUTICALS PRIVATE LIMITED [Strike Off] CIN = U24231UP1995PTC018120

Company & Directors' Information:- B G PHARMACEUTICALS PRIVATE LIMITED [Strike Off] CIN = U24231OR2002PTC006872

Company & Directors' Information:- D R P S PHARMACEUTICALS PRIVATE LIMITED [Strike Off] CIN = U24232UP2004PTC028820

Company & Directors' Information:- K N B PHARMACEUTICALS LIMITED [Strike Off] CIN = U24239CH1996PLC018286

Company & Directors' Information:- J S I PHARMACEUTICALS PRIVATE LIMITED [Strike Off] CIN = U24232UP1998PTC023778

Company & Directors' Information:- B I PHARMACEUTICALS PRIVATE LIMITED [Active] CIN = U24231CH1997PTC019728

Company & Directors' Information:- J G PHARMACEUTICALS PRIVATE LIMITED [Strike Off] CIN = U24231DL1987PTC027452

Company & Directors' Information:- J N PHARMACEUTICALS LIMITED [Strike Off] CIN = U24230TG1996PLC023652

Company & Directors' Information:- J AND J PHARMACEUTICALS PRIVATE LIMITED [Strike Off] CIN = U24119OR1973PTC000584

Company & Directors' Information:- C W C PHARMACEUTICALS PVT. LTD. [Active] CIN = U24231HR1990PTC030903

Company & Directors' Information:- A J S PHARMACEUTICALS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U24232KA1972PTC002273

Company & Directors' Information:- A C PHARMACEUTICALS PVT LTD [Active] CIN = U51397WB1970PTC027869

Company & Directors' Information:- R K PHARMACEUTICALS PRIVATE LIMITED [Strike Off] CIN = U24232DL2006PTC154640

Company & Directors' Information:- A. PHARMACEUTICALS PVT LTD [Strike Off] CIN = U24232DL1999PTC100973

Company & Directors' Information:- N G PHARMACEUTICALS PRIVATE LIMITED [Strike Off] CIN = U24100MH2010PTC202028

Company & Directors' Information:- S V N PHARMACEUTICALS PRIVATE LIMITED [Strike Off] CIN = U24230MH2005PTC155731

Company & Directors' Information:- S. V. G. PHARMACEUTICALS PRIVATE LIMITED [Active] CIN = U24297MH2010PTC202540

Company & Directors' Information:- K. D. PHARMACEUTICALS PRIVATE LIMITED [Under Process of Striking Off] CIN = U74999UP2016PTC084198

Company & Directors' Information:- Y. R. PHARMACEUTICALS PRIVATE LIMITED [Strike Off] CIN = U24232CH2011PTC032883

Company & Directors' Information:- A. B. PHARMACEUTICALS PRIVATE LIMITED [Strike Off] CIN = U51909AS2012PTC011351

Company & Directors' Information:- N. S. PHARMACEUTICALS PRIVATE LIMITED [Active] CIN = U52311JH2007PTC012709

Company & Directors' Information:- J A PHARMACEUTICALS PRIVATE LIMITED [Active] CIN = U24232DL2005PTC136777

Company & Directors' Information:- S P R PHARMACEUTICALS PRIVATE LIMITED [Active] CIN = U24232DL2005PTC137405

Company & Directors' Information:- D F L PHARMACEUTICALS PRIVATE LIMITED [Strike Off] CIN = U51101DL2014PTC270743

Company & Directors' Information:- A R K PHARMACEUTICALS PRIVATE LIMITED [Active] CIN = U74120DL2014PTC266920

Company & Directors' Information:- N N PHARMACEUTICALS PRIVATE LIMITED [Strike Off] CIN = U33111BR2012PTC018665

Company & Directors' Information:- V AND B PHARMACEUTICALS PRIVATE LIMITED [Active] CIN = U24290UP2020PTC133785

Company & Directors' Information:- M D PHARMACEUTICALS PRIVATE LIMITED [Active] CIN = U24290MH2021PTC360217

Company & Directors' Information:- U V PHARMACEUTICALS PRIVATE LIMITED [Strike Off] CIN = U99999MH1998PTC117667

Company & Directors' Information:- J. V. PHARMACEUTICALS PRIVATE LIMITED [Strike Off] CIN = U24239MH2009PTC189669

Company & Directors' Information:- K R R PHARMACEUTICALS PRIVATE LIMITED [Strike Off] CIN = U24232TG2008PTC062007

Company & Directors' Information:- A P PHARMACEUTICALS PRIVATE LIMITED [Strike Off] CIN = U24233TG2008PTC062019

Company & Directors' Information:- C K PHARMACEUTICALS PRIVATE LIMITED [Strike Off] CIN = U24233UP2007PTC033596

    CS. (COMM). No. 194 of 2016

    Decided On, 29 November 2018

    At, High Court of Delhi

    By, THE HONOURABLE MR. JUSTICE RAJIV SAHAI ENDLAW

    For the Plaintiffs: Rajiv Kumar Tripathi, Hare Ram Tiwary, Advocates. For the Defendants: None.



Judgment Text

IA No.16262/2108 (of plaintiffs for video recording of evidence)

1. The plaintiffs had earlier filed IA No.14776/2018 which had come up before this Court on 29th October, 2018, when the counsel for the defendant No.1 as well as the counsel for the defendant No.2 had appeared on advance notice and the prayer was allowed but the relief not granted and the application rejected owing to the plaintiffs having not mentioned the Co-ordinator at the remote end for the purpose of video recording of evidence.

2. The counsel for the plaintiffs in this application states that the Co-ordinator at the remote end is not required to be mentioned and has to be appointed by the Court and has cited Clause 3.4 of the Video Conferencing Guidelines issued by the High Court of Delhi and International Planned Parenthood Federation (IPPF) Vs. Madhu Bala Nath (2016) 226 DLT 587 (DB) in this regard.

3. Today none appears for the defendants.

4. However, the need to issue notice to the defendants is not felt because advance copy is stated to have been served and the defendants cannot stall the decision of the application by choosing not to appear and more so when the contentions of the defendants in that regard were heard on 29th October, 2018 and following order passed:-

'IA No.14776/2018 (of the plaintiffs under Order XVIII Rules 3 and 4 CPC)

1. The plaintiffs seek examination of their witnesses via video conferencing.

2. The counsel for the defendant no.1 and the counsel for the defendant no.2 appear on advance notice.

3. The counsel for the defendant no.1 when asked whether has any objection to the application, contends (i) that the plaintiffs have not approached this Court with clean hands, and, (ii) that it needs to be ascertained whether India has any extradition treaty with Iran where the plaintiff no.1 is situated.

4. As far as the second of the aforesaid contentions is concerned, whether India has any extradition treaty with Iran or not is not relevant for the present purpose. The application does not entail any aspect of extradition of the plaintiff no.1 or any of its officials from Iran. Qua the second of the aforesaid contentions, I have enquired from the counsel for the defendant no.1 as to how the plea if any of the defendant no.1, of the plaintiffs having not approached this Court with clean hands will be affected whether the witnesses of the plaintiffs are examined via video conferencing or by personally appearing before this Court. A perusal of the issues framed in the suit on 10th August, 2018 also does not show any issue substantially framed in this regard. 5. The counsel for the defendant no.1 then states that an opportunity to file reply be given.

6. The procedure, of the counsels appearing on advance notice, was introduced to obviate delays in disposal of the applications which can be disposed of on the very first date and the resultant delays in disposal of the suit. The counsels, when appearing on advance notice, are required to appear fully briefed and unless make out a case for grant of an opportunity to file reply, are not entitled to defer disposal on such grounds. The counsel for the defendant no.1 has not been able to make out any argument for opportunity to file reply to be granted.

7. The argument of the counsel for the defendant no.2 also is that the defendants are disputing the documents of the plaintiffs. However, the counsel for the defendant no.2 is unable to explain as to how the personal presence of the witnesses before this Court will assist the defendants in establishing so or as to how the examination via video conferencing will prejudice the defendants.

8. All that can be observed is that if during the recording of evidence of the witnesses of the plaintiff via video conferencing, it is felt that the personal presence of the said witnesses is necessary before this Court, the same will be considered.

9. Else, this Court having framed Rules in this regard, the defendants cannot in a routine manner oppose the application.

10. The application is allowed.

11. The plaintiffs are permitted to examine Dr. Gholamreza Dehghanzadehvia video conferencing in accordance with the Guidelines issued by this Court.

12. The Registrar (Computers) is appointed as Co-ordinator for the said purpose.

13. The counsel for the plaintiff is however unable to name the Co-ordinator at the remote end to be appointed vide this order.

14. The applications for examination of witnesses via video conferencing are required to disclose the Co-ordinators at the remote end so that the defendants also have notice of the same.

15. The application of the plaintiffs is found to be deficient and is rejected.'

5. I am of the view that it is imperative for an application for video recording of evidence to specify the proposed Co-ordinator at the remote end because the Indian Embassy/High Commissioner is not available in all cities from where evidence via video conferencing may be recorded. My experience has also shown that appointing an official of the Indian Embassy/High Commissioner invariably leads to delays and it is more expedient that a Notary Public or other public officer in accordance with law of the place from where evidence is being recorded via video conferencing is appointed as the Co-ordinator at the remote end. It is also not as if only the official from Indian Embassy/High Commissioner can be so appointed. Clause 3.4 aforesaid, in entirety is as under:-

'3.4 The Co-ordinator at the remote point may be any of the following:-

(i) Where the person to be examined is overseas, the Court may specify the coordinator out of the following:.-

(a) the official of Consulate/Embassy of India,

(b) duly certified Notary Public/Oath Commissioner,

(ii) Where the person to be examined is in another State/U.T, a judicial Magistrate or any other responsible official as may be deputed by the District Judge concerned or Sub-Divisional Magistrate or any other responsible official as may be deputed by the District Collector concerned,

(iii) Where the person to be examined is in custody, the concerned Jail Superintendent or any other responsible official deputed by him,

(iv) Where the person to be examined is in a hospital, public or private, whether run by the Central Government, the State Government, local bodies or any other person, the Medical Superintendent or In-charge of the said hospital or any other responsible official deputed by him,

(v) Where the person to be examined is a juvenile or a child who is an inmate of an Observation Home/Special Home /Children's Home/Shelter Home, the Superintendent/Officer In-charge of that Home or any other responsible official deputed by him,

(vi) Where the person to be examined is in Nirmal Chhaya, the Superintendent/Officer In-Charge of the Nirmal Chhaya or any other responsible official deputed by him,

(vii) Wherever a co-ordinator is to be appointed at the remote point under Clause 3.4 sub-Clause (ii), (iii), (iv), (v) & (vi), the Court concerned will make formal request through the District Judge concerned to concerned official.

(viii) In case of any other person, as may be ordered by the Court.'

The said Guidelines are Annexure B to Rule 38 of the Delhi High Court (Original Side) Rules, 2018, which is as under:-

'38. Recording of evidence by video conferencing.-The Court/ Registrar/ Commissioner may, if it deems appropriate, direct use of video conferencing in accordance with guidelines issued by Court, from time to time, for conduct of court proceedings between Court(s) and remote site(s). Guidelines presently enforce are incorporated by inclusion in these Rules and annexed hereto as Annexure B'.

6. It will thus be seen that the Court has enough latitude in the matter of choosing Co-ordinator at remote end and it is for the applicant to propose the person most suitable and expedient and the Court, after hearing objection if any, can either appoint such person or reject the proposal. The Court, on its own may not always know whom to appoint. It is

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for this reason that vide order dated 29th October, 2018, finding that the plaintiff had not made any proposal for Co-ordinator at remote end, that the application was rejected. 7. The plaintiff/applicant is proposing official from Consulate Office of Indian Embassy, to whom defendants can have no objection. 8. The plaintiffs have stated that the witness is at Shiraz, Iran and there is a Consulate Office of Indian Embassy in the said city and has sought appointment of an official of the Consulate Office of the Indian Embassy as Co-ordinator at the remote end. 9. The application is allowed in continuation of the order dated 29th October, 2018, by directing the Consulate Office of the Indian Embassy at Shiraz, Iran to appoint a senior official for facilitating recording of evidence via video conferencing of Dr. Gholamreza Dehghanzadeh. 10. The application is disposed of.
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