How to prove notice sent in PDF Format Delivered Through WhatsApp?

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)  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.

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  V Rohidas Jadhav.

CORAM: G.S. PATEL, J

DATED: 11th June 2018, 

Citation: 2018 SCC OnLine Bom 1262

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How to clear metadata from Electronic document sent to your client or your opponent?

Most lawyers have probably heard the word “metadata” and, at minimum, know that it has something to do with their documents. But it’s vital that every law office, staff included, is aware of the risks posed by metadata, and what steps can reduce the dangers.

A popular, if slightly ambiguous definition of metadata is “data about data.” In fact, metadata is the hidden information that can be found embedded in electronic files. It may include transactional details about the document, such as author, software used, the date it was written and even edits made along the way. It occurs in many different forms and in a vast number of locations. In a Word document, for example, metadata can include tracked changes, comments, text smaller than 5 points, white text on any background and previous authors. The most potentially damaging of these can be the tracked changes or comments made in earlier versions.

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Production of electronic document in which formatt can be asked?

The Plaintiff brought a motion for the production of Word documents in native file format. The Producing Party had produced the files as non-searchable PDF’s. The Plaintiff argued the PDF’s lacked the metadata that showed who created the Word documents, revisions and when the files were printed. Crissen v. Gupta, 2013 U.S. Dist. LEXIS 159534, at *20 (S.D. Ind. Nov. 7, 2013).

The Producing Party countered that the Plaintiff did not state the form of production in their request and that they did not have to produce ESI in more than one form pursuant to Federal Rule of Civil Procedure 34(b)(2)(E)(iii).  Crissen at *20-21.

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