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Where the parties' respective pleadings and representations were to be considered, the Madras High Court noted on Wednesday "such a final hearing can not be conducted by video conferencing."
The Single Bench has taken into account a series of written petitions challenging a government order as well as the subsequent works in the Tamil Nadu State Highways and Minor Ports Department's tender notification.
Noting that the counter-affidavit and the rejoinder are filed and that this matter therefore needs to be eventually heard, the Court was of the opinion that "To consider the respective pleadings and submissions of the respective parties, this Court is of the opinion that such final hearing cannot be conducted via video-conference mode."
"This Court is of the view that the matter needs to be heard in open Court", said the Single Judge, adjourning the matter.
Noting that the last date for the submission of the tender is set on Friday and the opening of the technical tender is scheduled for Monday and thus, unless any interim protection is provided, third party interest will be generated which would further complicate the hearing of the matter, the Single Judge ordered that although the respondents are free to open the technical tender, they should not proceed with any further action with respect to the process of the tender until further orders from this Court.
The BCI sent a letter to the Chief Justice of India on Tuesday requesting the resumption of physical, face-to - face hearings from June 1st. It was stressed that, "We cannot even imagine of trial court work being done in/through virtual courts proceedings. Can we think of recording of evidence in virtual courts? Exhibiting documents, confronting witnesses with documents, watching the demeanor of witnesses and above all, ensuring that the witness is deposing without any pressure, coercion or undue influence, are some salient features of traditional court which would be impossible to achieve in virtual courts".
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