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Kunal Saha : vs : Sukumar Mukherjee And Ors

Supreme Court Of India|07 April, 2011
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JUDGMENT / ORDER

Summary

Issue: Examination of foreign experts in a criminal appeal
Rule: The Supreme Court's direction that any foreign experts be examined only through video conferencing and at the cost of the respondents.
Application: The direction to examine foreign experts only through video conferencing is applied to ensure that the appellant does not incur unnecessary expenses for the examination of the experts. This impacts the respondents, as they are required to bear the costs of the video conferencing.
Conclusion: The court's discretion to permit internet conferencing instead of video conferencing is applied to avoid unnecessary expenses for the appellant. This impacts the appellant, as they are not required to incur the costs of video conferencing.
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 3173 OF 2011 (Arising out of SLP(C) No.27071/2010) KUNAL SAHA Appellant(s) :VERSUS:
SUKUMAR MUKHERJEE AND ORS. Respondent(s) O R D E R Leave granted.
Vide its judgment dated August 7, 2009, delivered in Criminal Appeal Nos.1191-1194 of 2005, this Court directed as under:
“We further direct that if any foreign experts are to be examined it shall be done only through video conferencing and at the cost of respondents.”
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.
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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.
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.
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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.
With these observations and directions this appeal is disposed of.
A copy of this order be sent to Mr. Chhabra forthwith.
. J (DALVEER BHANDARI) . J (DEEPAK VERMA) New Delhi; April 7, 2011.
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Title

Kunal Saha : vs : Sukumar Mukherjee And Ors

Court

Supreme Court Of India

JudgmentDate
07 April, 2011
Judges
  • Dalveer Bhandari
  • Deepak Verma