*Vijay Pal Dalmia, Advocate & Partner Vaish
Associates
Email: vpdalmia@vaishlaw.com
Mobile: 09810081079
&
Rajat Jain, Advocate, Email: rajatjain@vaishlaw.com
Mobile: 09953887311
Recently courts have started a new trend acknowledging the utility of services like WhatsApp for service of court notice. The Hon'ble Mr. J. G.S. PATEL, of Bombay High Court in the case of Kross Television India Pvt Ltd Versus Vikhyat Chitra Production in SUIT (L) NO. 162 OF 2017, on 23rd March, 2017 has stated:
"I do not see what more can be done for the purposes of this Motion.
It cannot be that our rules and procedure are either so ancient or so rigid (or both) that without some antiquated formal service mode through a bailiff or even by beat of drum or pattaki, a party cannot be said to have been 'properly' served.
The purpose of service is put the other party to notice and to give him a copy of the papers.
The mode is surely irrelevant.
We have not formally approved of email and other modes as acceptable simply because there are inherent limitation to proving service. Where an alternative mode is used, however, and service is shown to be effected, and is acknowledged, then surely it cannot"
Please refer to the full order at http://bombayhighcourt.nic.in/generatenewauth.php?auth=cGF0aD0uL2RhdGEvb3JpZ2luYWwvMjAxNy8mZm5hbWU9Tk1TNTcyMTcyMzAzMTcucGRmJnNtZmxhZz1O
JnJqdWRkYXRlPSZ1cGxvYWRkdD0yNy8wMy8yMDE3JnNwYXNzcGhyYXNlPTA5MDUxNzEwNTYxNQ
In another such instance the Hon'ble court of HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW in the High court of Delhi in CS(COMM) 1601/2016 titled as TATA SONS LIMITED & ORS vs. JOHN DOE(S) & ORSallowed service of notice through WhatsApp, also. This is a new progressive development to overcome difficulties in serving court notices. http://delhihighcourt.nic.in/dhcqrydisp_o.asp?pn=84175&yr=2017
© 2016, Vaish Associates Advocates,
All rights reserved
Advocates, 1st & 11th Floors, Mohan Dev Building 13, Tolstoy
Marg New Delhi-110001 (India).
The content of this article is intended to provide a general guide to the subject matter. Specialist professional advice should be sought about your specific circumstances. The views expressed in this article are solely of the authors of this article.