Notice sent via WhatsApp valid, rules Bombay high court
MUMBAI, June 16: The Bombay high court has held that service of notice about a litigation through WhatsApp is valid. Justice Gautam Patel observed that a credit card defaulter who was evading the bank had not only received the notice in a PDF file but also opened it and read its contents.
The HC was hearing an application filed by SBI Cards and Payment Services to execute an arbitration award against a Nalasopara resident, Rohidas Jadhav, relating to payment of credit card dues of Rs 1.17 lakh.
"(Jadhav) was served by an authorised officer by sending a PDF and message to his mobile number as a WhatsApp message." Justice Patel said. "For the purposes of service of notice I will accept this. I do so because the icon indicators clearly show that not only was the message and attachment delivered but that both were opened."
Advocate Murlidhar Kale, counsel for the company, said they had been unable to serve the notice on Jadhav as he had changed his residence. His phone number was available with them, which the HC took on record. The bank representative sent Jadhav a message informing him about the next date of hearing along with a lawyer's notice in a PDF. The blue ticks on the message revealed that Jadhav had received the message and read it.
Jadhav had run up credit card dues of Rs 85,000 in 2010. In 2011, following arbitration proceedings, he was ordered to pay back the amount along with 8 per cent interest. When he failed to make the payment, the bank filed an execution application in 2015 to enforce the award. The amount at the time stood at Rs 1.17 lakh. Over the past two years, the bank had been trying to serve the notice about the litigation on Jadhav but without success as he kept shifting his rental accommodation.
Rules state that a notice is served in person or through registered post. Following the enactment of the Information Technology Act, which recognises electronic communication as evidence, courts have allowed parties in a litigation to serve notice through email, in addition to traditional methods. Earlier this year, a Delhi metropolitan magistrate had allowed a woman to serve summons in a domestic violence case on her estranged husband in Australia via WhatsApp. The court had said that the "double tick" on WhatsApp showed that the summons have been delivered.
Courtesy: The Times Of India
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Till 140 cr Indians don't take patriotism as paramount dharma, such incidents will continue: Goyal
Mumbai, Apr 26 (PTI): Union minister Piyush Goyal has said that as long as all 140 crore Indians do not consider patriotism and nationalism as their param dharma, Pahalgam-type incidents will continue to trouble the nation.
He emphasised that such acts would never break India's spirit.
Speaking to reporters here on Friday, Goyal asserted that the conviction of the people would ensure the resumption of tourism in Kashmir soon, and pilgrims will continue their Amarnath Yatra.
He said India's rising global stature was troubling certain forces.
"These incidents represent the desperate last efforts of those powers. It is an unbearable attack, but we will not spare anyone," the Union Commerce Minister added.
"As long as all 140 crore Indians do not consider patriotism and nationalism as their param dharma, such types of incidents will continue to trouble our country. However, India has enough strength to give a befitting response," the minister said.
Highlighting India's success in countering internal threats, Goyal said, "Just as we are rapidly eliminating naxalism, we will similarly defeat terrorism. India's strength and determination are unshakable."
When asked about Pakistani nationals overstaying their visas in India, Goyal said, "We have already announced and informed them to leave the country. No one will be allowed to stay here illegally."
Addressing concerns that the attack might affect tourism in Kashmir, Goyal added, "The people of Bharat have the power, courage, and confidence. Tourism will resume soon, pilgrims will continue their Amarnath Yatra, and Kashmir will remain firmly on the path of progress. No one can stop it."
Twenty-six persons, mostly tourists, were killed when terrorists sprayed bullets on them at a popular meadow in Pahalgam in Kashmir on April 22.
Amid the anguish and anger over the brutal killings, India announced a slew of diplomatic measures, including suspending the Indus Water Treaty, against Pakistan.
