*1* mp.14.11.917.sxw kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION MISCELLANEOUS PETITION NO.14 OF 2011 Bradley M. Juno. ..Petitioner -versus- Douglas A. Amare and others. ..Respondents ............ Mr.H.Mehta, for the Petitioner. None for the Respondents. ............ CORAM : S.C.DHARMADHIKARI, J. Date : 21st September, 2011. P.C.: 1 This is stated to be an application/petition under Order XXVI Rule 19 of the Code of Civil Procedure. That provision reads thus:- “Order XXVI (Commissions) Rule 19 :- Cases in which High Court may issue commission to examine witness:- (1) If a High Court is satisfied:- (a) that a foreign Court situated in a foreign country wishes to obtain the evidence of a witness in any proceeding before it, (b) that the proceeding is of a civil nature, and (c) that the witness is residing within the limits of the High Court’s appellate jurisdiction, it may, subject to the provisions of rule 20, issue a commission for the examination of such witness. (2) Evidence may be given of the matters specified in clauses (a), (b) and (c) of sub-rule (1) :- (a) by a certificate signed by the consular officer of the foreign country of the highest rank in India and transmitted to the High Court through the Central Government, or (b) by a letter of request issued by the foreign Court *2* mp.14.11.917.sxw and transmitted to the High Court through the Central Government, or (c) by a letter of request issued by the foreign Court and produced before the High Court by a party to the proceeding.” 2 Mr.Mehta, learned counsel appearing in support of this petition, states that the Petitioner has initiated, in his capacity as Administrator and Personal Representative of the estate of Sharron Juno (since deceased), a civil action being Civil Action No.CV-08-901100 in the Circuit Court of Baldwin County, Alabama in the United States of America, under the Alabama Medical Liability Act, 6-5 for damages on account of wrongful death of Sharron Juno. This is alleged to be caused due to negligence on the part of the Respondents. It was stated that the deceased was receiving medical treatment in Baldwin County, Alabama. 3 It is stated that the said Court has requested this Court to issue commission to examine the witnesses who are residing within the limits of this Court and particularly in Mumbai. 4 It is stated by Mr.Mehta that the requirements of sub-rule (1), clauses (a) to (c) of Rule 19 are satisfied. It is stated that as far as the requirement of clause (a) is concerned, namely, a request made by foreign Court situated in a foreign country, there is a certificate in terms of sub- rule (2) clause (a) and as far as other requirements are concerned, there is a letter of request issued by that Court. It is in these circumstances, in terms of Order XXVI Rule 20 of the Code of Civil Procedure, that this application is made. 5 Having perused the petition and annexures thereto, I am satisfied that this Court can exercise the powers because all requirements stipulated under Order XXVI Rule 19 are fulfilled. Accordingly, in terms of the letter of request, it is directed that the persons who are named in *3* mp.14.11.917.sxw prayer clause (a) of this petition shall be examined by the Commissioner appointed by this Court. Mr.D.V.Sawant, Additional Prothonotary & Senior Master/ Additional Registrar (Judicial) is appointed as Commissioner to record the evidence. All charges and expenses payable for recording the evidence of these witnesses and for their cross-examination, shall be borne by the Petitioner. The Commissioner is also at liberty to inspect the equipments mentioned in prayer clause (b) and offices of the Company mentioned therein. The witnesses who are stated to be the Chief Executive Officers/ Directors of this Company shall be examined at the premises of the Company and the Commissioner will be taken to these premises by the Petitioner. This be completed within two months from today. The petition is, accordingly, disposed of. No costs. (S.C. Dharmadhikari, J)