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Parties Disrupt, Attempt To Record Court Proceedings: Bombay HC Withdraws VC Facility To Them, Directs Their Physical Presence

Sparsh Upadhyay
11 Aug 2021 7:11 AM GMT
Parties Disrupt, Attempt To Record Court Proceedings: Bombay HC Withdraws VC Facility To Them, Directs Their Physical Presence
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The Bombay High Court on Monday withdrew the facility of online hearing to the defendant parties as it found that they continued to disrupt the Court proceedings and a party was, in fact, attempting to record the Court proceedings on his cellphone.The Bench of Justice G. S. Patel, which was hearing a Commercial IP Suit, also clarified that it would be pursuing a contempt notice against...

The Bombay High Court on Monday withdrew the facility of online hearing to the defendant parties as it found that they continued to disrupt the Court proceedings and a party was, in fact, attempting to record the Court proceedings on his cellphone.

The Bench of Justice G. S. Patel, which was hearing a Commercial IP Suit, also clarified that it would be pursuing a contempt notice against the defendant even if he deletes the video from his mobile. 

The Court noted that since the beginning of the VC hearing before the Court, defendants Narendra Mehta and Lalit Mehta were constantly disrupting the Court proceedings and Mr. Lalit repeatedly unmuted himself while the Court was hearing another matter. Even when the Court repeatedly asked him to mute himself, he didn't do so.

To this, the Court noted that when the Defendants were being represented by an advocate, there was no reason for them to be unmuted.

Importantly, another Advocate present before the Court through VC facility indicated that Mr. Narendra Mehta was also attempting to record the Court proceedings on his cellphone.

Thus, the Court declined to proceed with the matter in the virtual mode and withdrew the facility of an online hearing to them and their Advocate. The Court further directed thus:

"They will have to come to Court personally and attend the Court physically before I pass any order in this matter. On the next date, Mr Hariakar (their Advocate) must be present. He must confirm that his client, Narendra Mehta, did not record any part of this morning's proceedings or, that if he did, that he has deleted the video."

The Court also added that if it finds that any part or any video had been uploaded to social media relating to the previous hearings or any part of this morning session, Narendra Mehta would be held liable.

Lastly, the Court informed the party that it would take up the matter again at a physical hearing in Court on 17th August 2021 and that Mr Narendra Mehta and Lalit Mehta have been directed to be physically present in Court.

Case title - Kewal Kiran Clothing Limited v. Narendra Mehta (HUF) & Ors

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