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Judgment
6 paragraphs · 318 wordsJagmohan Bansal, J
The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking issuance of an appropriate order/direction relaxing compliance of Rule 5.3.1 of Rules for Video Conferencing for Courts (for short 'VC Rules') framed by this Court.
Learned counsel for the petitioner submits that petitioner is residing in USA and is 89 years old. He cannot travel to India. A suit bearing No.CS/1829/2019 is pending before Civil Judge (Sr. Division)/NRI Court, Jalandhar. He is witness in the said suit. He has to tender his statement. He requested trial Court to permit him to join proceedings through video conference. The trial Court vide order dated 07.12.2021 allowed his application subject to compliance of VC Rules. As per VC Rules, a witness can tender statement in the presence of Remote Point Coordinator. There is time gap between Court hours in India and working hours in USA. The petitioner cannot visit office of Indian Embassy during Court hours in India and join proceedings. In such circumstances, he should be permitted to join Court proceedings through video conference while sitting at his home.
Learned Senior Counsel for the respondent No.7 submits that Indian Embassy would appoint Remote Point Coordinator who would coordinate with petitioner as well as Court Point Coordinator in India. Video conference would be arranged at Indian Embassy.
In the wake of statement of learned Senior Counsel for the respondent No.7, the petition stands disposed of. This Court is sanguine that respondent No.7 at the earliest would appoint Remote Point Coordinator and arrange examination of petitioner through video conference. Both the Coordinator i.e. Remote Point Coordinator and Court Point Coordinator will coordinate with each other and fix a particular time so that petitioner may be examined during Courts hours in India. The petitioner would cooperate and shall not raise unnecessary technical/procedural issues.
Pending application(s), if any, stands disposed of.
