NEW DELHI: Delhi High Court has said that commercial courts can permit recording of cross-examination of overseas or outstation witnesses, who cannot travel due to any reason, through videoconferencing after following the prescribed procedure, if the reason is found to be genuine.
The single judge bench of Justice Pratibha M Singh stated that “this will ensure that cross-examination of witnesses is not conducted in a never-ending manner and such witnesses are not inconvenienced, especially, if they are to travel from foreign countries”.
The court, while hearing two cross petitions filed by two organisations, said that unending filing of documents, producing a large number of witnesses, cross-examination over several hearings, unnecessary inconvenience being caused to witnesses, especially coming from outstation or overseas, etc, has become a malaise.
It that in commercial suits, the commercial courts would be fully empowered to pass directions restricting the time limit for the cross-examination in order to ensure that unreasonable inconvenience is not caused to such witnesses who may be required to travel repeatedly.
The single judge bench of Justice Pratibha M Singh stated that “this will ensure that cross-examination of witnesses is not conducted in a never-ending manner and such witnesses are not inconvenienced, especially, if they are to travel from foreign countries”.
The court, while hearing two cross petitions filed by two organisations, said that unending filing of documents, producing a large number of witnesses, cross-examination over several hearings, unnecessary inconvenience being caused to witnesses, especially coming from outstation or overseas, etc, has become a malaise.
It that in commercial suits, the commercial courts would be fully empowered to pass directions restricting the time limit for the cross-examination in order to ensure that unreasonable inconvenience is not caused to such witnesses who may be required to travel repeatedly.
