Declines Appointment of Local Commissioner: Order XXVI Rule 10A not to assist in obtaining better evidence but to aid when scientific investigation: Delhi High Court

In a notable decision from the High Court of Delhi, the application filed by ITW GSE APS & ANR. seeking the appointment of a local commissioner to inspect the premises of DABICO AIRPORT SOLUTIONS PVT LTD & ORS. was turned down. The plaintiffs had moved the court alleging infringement of their patent by the defendants.

Justice C.HARI SHANKAR, while passing the judgement, emphasized the fundamental principles behind Order XXVI Rule 10A of the Civil Procedure Code (CPC). In his words, the provision is "not to assist parties in obtaining better evidence, but to aid the court when scientific investigation is necessary for issue determination." This observation came in light of the plaintiffs' intention of securing what they termed as "best evidence."

The defendants countered the plaintiffs' application, viewing it as an overreaching inquiry and pointing out that existing claim mappings provided sufficient evidence against the purported infringement.

Another notable remark made during the proceedings was the distinction between the current case and prior judgements. Justice C.HARI SHANKAR highlighted that in previous decisions, Order XXVI Rule 10A was invoked out of genuine necessity for scientific examination to resolve case issues. Such was not the scenario in the present case, he noted.

DABICO AIRPORT SOLUTIONS PVT LTD also raised concerns regarding the potential detrimental impact on their commercial activities and national security should the application be sanctioned. As an alternative, they offered to supply the requisite information through formal interrogatories, negating the need for physical scrutiny by a local commissioner.

While the plaintiffs expressed willingness to comply with protective measures for safeguarding the defendants' confidential data, the court, emphasizing its stance on the matter, asserted that the provision of Order XXVI Rule 10A can't be invoked to merely aid a party in garnering superior evidence.

The case has set a precedent on the invocation of Order XXVI Rule 10A of the CPC, underscoring its purpose and the judiciary's approach to its application.

Date of Decision: 1 November 2023

ITW GSE APS & ANR. VS DABICO AIRPORT SOLUTIONS  PVT LTD & ORS.