Kirsch Research And Development LLC vs Shakti Polyweave Private Limited

Vaibhavi D. Nanavati, J

Heard learned advocate Mr. Ameya Gokhale with Ms.Grishma Ahuja for applicant.

The present application is filed by the applicant in connection with a letter of request, ordered and issued by the Hon'ble United States District Court

for the Eastern District of Texas, Texarkana Division on 12.03.2021, Civil Action No.5:20-cv-00055-RWS (E.D. Tex.) pending before the Hon'ble

United States District Court for the Eastern District of Texas, Texarkana Division. The order 12.03.2021 issued by the Hon'ble United States District

Court for the Eastern District of Texas, Texarkana Division is annexed (at Annexure - A) with the petition. The applicant has prayed for the following

reliefs:-

a) To execute the Letter of Request issued by the Hon'ble United States District Court for the Eastern District of Texas, Texarkana Division on 12th

March, 2021;

b) To direct appointment of a Commission, to give effect to the Letter of Request issued on 12th March, 2021, by the Hon'ble United States District

Court for the Eastern District of Texas, Texarkana Division, with all powers under the CPC for the purpose of collecting evidence, examination of

witnesses and inspection of the documents and things listed in the Letter of Request;

c) To direct the Respondent No.1to identify/ designate one or more of its officers, directors, managing agents, employees and/or other persons for the

purposes of providing evidence and inspection as per the Letter of Request and direct such identified/designated persons to provide evidence and

inspection as per the Letter of Request;

d) To permit the representatives of the Applicant to be present during the course of collection of such evidence and inspection of the documents and

things listed in the Letter of Request;

e) To direct and permit that the recording of the testimony verbatim by a stenographer and/or videographer;

f) To permit the testimony be taken via mutually agreeable video/conference platform in light of the ongoing COVID-19 pandemic, and

g) That this Hon'ble Court be pleased to empower the Commissioner so appointed by this Hon'ble Court to issue summons to the Witnesses, as

contemplated under the CPC and take all the other actions necessary to give full effect to the Letter of Request issued by the Hon'ble United States

District Court for the Eastern District of Texas, Texarkana Division on 12th March, 2021;

h) To direct the Registry of this Hon'ble High Court and concerned officers of this Hon'ble High Court not to disclose or provide any information

and/or copies in relation to the present Application (including annexures) as it contains highly confidential and sensitive information in relation to the

parties and the subject matter under this Application;

i) For costs of this Application;

j) For such further and other orders and reliefs as the nature and circumstances of the case may require.

Notice returnable on 07.06.2021.

Learned advocate for the applicant states that if respondents choose to file reply, the same may be filed before the next date of hearing.

Respondents may file reply, if so willing before the next date of hearing.

Direct service is permitted.