Friday 5 May 2017

Whether it is permissible to effect service of summons by Whatsapp,Email and text message?

The plaintiffs are permitted to serve the defendant No.9 Ashok Kumar
Agarwal by text message as well as through Whatsapp as well as by email
and to file affidavit of service.
 IN THE HIGH COURT OF DELHI AT NEW DELHI
CS(COMM) 1601/2016
TATA SONS LIMITED & ORS
V
JOHN DOE(S) & ORS 
CORAM:
HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
O R D E R
Dated: 27.04.2017

1. The summons issued to the newly impleaded defendants No.6 to 8 are
awaited and the defendant No.9 is reported to be unserved.
2. The plaintiff however has filed an affidavit of service of defendants
No.6 to 8 and qua defendant No.9, the counsel for the plaintiffs states that
three persons named Ashok Kumar Agarwal were found at the address
given. He however states that the service provider has furnished the cell
phone number of Ashok Kumar Agarwal who was identified.
3. The plaintiffs are permitted to serve the defendant No.9 Ashok Kumar
Agarwal by text message as well as through Whatsapp as well as by email
and to file affidavit of service.
4. The counsel appearing for defendants No.6 to 8 seeks time to file
written statement.
. Written statement be filed within four weeks.
6. Replication thereto, if any be filed within further four weeks
thereafter.
7. List for framing of issues, if any and for further consideration on 2nd
August, 2017.
RAJIV SAHAI ENDLAW, J.
APRIL 27, 2017

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