Notice In PDF Format Delivered Through WhatsApp Is Valid

SBI Cards & Payments Services Pvt Ltd vs Rohidas Jadhav

Bombay HC

11/06/2018

NOTICE NO. 1148 OF 2015 IN EXECUTION APPLICATION NO. 1196 OF 2015

About/from the judgment:

The High Court has recently accepted service of notice in an execution application through WhatsApp messenger after finding that notice served in the form of a PDF file was not only delivered, but the attachment was opened as well.

 

Court was hearing an execution application wherein the respondent Rohit Jadhav was evading service of notice under Order XXI Rule 22 of the Code of Civil Procedure 1908. He was served notice by an authorized officer of the claimant, SBI Cards and Payments Services Pvt Ltd, by sending a PDF and message to his mobile number on WhatsApp.

 

“For the purposes of service of Notice under Order XXI Rule 22, I will accept this. I do so because the icon indicators clearly show that not only was the message and its attachment delivered to the Respondent’s number but that both were opened,” Justice Patel said.

 

The claimants had filed the execution application against Mumbai resident Rohit Jadhav who was evading all their calls and efforts by legal representatives to reach out to him. After tracing Jadhav’s number, a notice was sent to him informing him about the next date of hearing.

 

Court earlier set a precedent in April 2017, in the case of Kross Television India Pvt. Ltd. v. Vikhyat Chitra Production (2017) in which he held that – “Indian Judiciary system is flexible enough to consider a notice issued through ‘WhatsApp’ or through email admissible in the court of law. It is not necessary for the plaintiff to go through extreme measures like that of a bailiff or through the ‘beat of a drum’ for the notice to be considered as properly served. The defendants were duly notified in the eyes of the court.”

Read the Judgment

Knowledge and content of about almost all their respective descriptions are borrowed from law-related blogs and websites, we, therefore, wish to give proper credit to all the respective law-related blogs and websites like LiveLaw, Bar and Bench, LatestLaws, PathLegal, FirstLaw, Lawctopus, IndianKanoon, Manupatra, LegallyIndia etc.. Many of the judgments are also taken from them websites of Hon'ble Supreme Court and other respective Hon'ble High Courts!

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