Saturday, 16 June 2018

Whether Notice In PDF Format Delivered Through WhatsApp Is Valid?

 The Respondent to the Execution Application has been
evading service of this Notice under Order XXI Rule 22 of the Code
of Civil Procedure 1908. He was served by an authorized officer of
the Claimant, Ms Fatema Kalyanwala by sending a PDF and
message to his mobile number as a WhatsApp message. 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.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE NO. 1148 OF 2015
IN
EXECUTION APPLICATION NO. 1196 OF 2015

SBI Cards & Payments Services Pvt Ltd  Rohidas Jadhav.

CORAM: G.S. PATEL, J
DATED: 11th June 2018


1. The Respondent to the Execution Application has been
evading service of this Notice under Order XXI Rule 22 of the Code
of Civil Procedure 1908. He was served by an authorized officer of
the Claimant, Ms Fatema Kalyanwala by sending a PDF and
message to his mobile number as a WhatsApp message. 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.

2. The Claimants have also learnt that the Respondent resides at
Nalasopara in a place which he seems to have taken on rent. The
Claimant will furnish the particulars of address so that a warrant, if
necessary can be issued against him.
3. In the meantime, the present Notice is made absolute.
4. A print-out of the WhatApp message is taken on record and
marked “N” for identification with today’s date. The second print
out is of the WhatsApp contact number of the Respondent. This
shows his contact number. This is also taken on record and marked
“N2” for identification with today’s date. This is sufficient for the
purposes of service of Notice under Order XXI Rule 22.
5. By way of abandon caution and so that it remains a part of the
record a scan of the print outs is attached to this order as well.
(G. S. PATEL, J)


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