FENIX DIAMONDS LLC Vs. CARNEIGE INSTITUTE OF WASHINGTON

JUDGEMENT

(1.) This application makes following prayers:

(2.) Acting upon the letter of request from a Foreign Court, this Court issued a commission for recording of evidence of two witnesses in terms indicated by the Foreign Court; in exercise of powers under Order 26 Rule 19 of the Code of Civil Procedure (for short "CPC"). The Commissioner was also expected to follow the Indian Procedural Law. Only oral evidence was required to be recorded; and the request by the Foreign Court for production of documents through witnesses was not acceded to. Confronting a witness with a document already on record of the original case is a procedural part of recording oral evidence. Such confrontation would not amount to production of documents.

(3.) While issuing the commission, this court indicated as under in para 9 and 10 thus: