CalHC allows video-recording of Khaitan & Co Partners’ testimony in probationary suit

In what could be the first of its kind, the testimony of two lawyers is being examined by a commission in Delhi with the proceedings being video recorded. The lawyers, Ajay Bhargava and Sharad Vaid, are both Partners at Khaitan & Co..And it is the Calcutta High Court that has once again allowed the use of video recording..The High Court has resorted to this step in case of Uma Shankar Bhartia & Ors. v. Ashrant Bhartia & Anr., a probationary suit filed over the will of one Sajani Devi Bhartia. The Plaintiffs had asked for the two attesting witnesses to be examined in New Delhi. The reason for the request was that,.“the lawyers are practising in Delhi. They are very hard pressed for time. Their time is valuable. A lot of their time would be utilised by their visiting Kolkata, High Court and waiting for their turn to come to depose before the court”. .After considering the Defendant’s contentions, the High Court’s Justice IP Mukherji held that,.“If on consideration of the balance of convenience, it appears to the court that the witness so situated should be examined by commission, it should pass such an order….In this case, the two attesting witnesses are lawyers. They are partners in a reputed firm of solicitors in New Delhi. They are bound to be heavily pre-occupied in work everyday. In this court, at this point of time, it is not possible to allocate a fixed time period for examination of these two attesting witnesses because the court simply does not have the time at its disposal. If it tries to make out that time, it will be at the expense of other litigants.”.Holding that Order 26 of the Code of Civil Procedure, which deals with appointments of Commissions, is applicable to the Original Side of the High Court, a Commission was ordered to be set up in New Delhi, to receive the evidence of the attesting witnesses. Advocate Rudrajyoti Nath Ray was appointed as the Advocate Commissioner..The court also directed the entire proceedings to be video recorded by a professional cameraman “so that the examiner putting the question, the witness giving the answer and the commissioner” are clearly seen..The proceedings are taking place at the Oberoi Hotel, Delhi Golf Club. A team of lawyers from Khaitan & Co along with Senior Advocate Dhruba Ghosh are representing the Plaintiffs while the Defendants are being represented by Fox Mandal and Senior Advocate Surajit Nath Mitra..Speaking to Bar & Bench, the Advocate Commissioner Rudrajyoti Nath Ray had this to say about the proceedings:.“It is fascinating that such approaches are being adopted by the High Court to receive evidence of witnesses. And the present proceedings are structured in such a way that the evidence of the attesting witnesses is received through the eyes of the camera lens and the Advocate Commissioner..As a Commissioner I have a limited but a serious role. It is extremely rewarding to watch the best of Advocates from the Calcutta High Court examine and cross-examine the witnesses. The Calcutta High Court shall ultimately stand judge of my Report, as and when submitted, and that is all that I can say at the moment”..Immediately after the last sitting of the Commission, the Report will be submitted by the Advocate Commissioner to the Court Officers of the Calcutta High Court, who have been present at each hearing. The last hearing is tentatively scheduled for September..This is the second time in the recent past when the Calcutta High Court has allowed “recording of court proceedings”. Earlier, Justice Aniruddha Bose had allowed advocate Deepak Khosla to video record the proceedings of a case pending before it.