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Notice on WhatsApp
Notice on” WhatsApp ” A New Way of servicing notice:
What’s up is become very crucial part of day to day life for communication purpose. This is proved in the recent case of “Rohidas Jadhav V/S SBI Cards”, High court accepted that notice sent on the “what’s up” of the claimant will be accepted as a notice serve to the Claimant.
Summary of the case is as follows:
In this case, SBI Cards & Payments Services Pvt ltd had filed the case against Nalasopara (Mumbai) resident Rohindas Jadhav for Recovery.
Jadhav was not accepting any notice or communication from the SBI Cards or any of its legal representatives. Justice Patel wrote that, Jadhav was served by an authorized officer of the claimant, M/S Fatema Kalyanwala by sending a PDF & message to his mobile no. who has been escaping from accepting physical copies of communication, Further Gautam Patel told that, he will accept this. Because” what’s up icon indicators clearly show that not only was the message & its attachment delivered to the respondent’s number but that both were opened.”
“A printout of the what’s up message as well as of his what’s up number is taken on the record & marked ‘N’ & ‘N2’ respectively for identification with the today’s date.” Court said that this is the sufficient for the purpose of service of notice under order XXI Rule 22.
Justice Patel in his order had stated,” The purpose of service is put the other party to notice and to give him a copy of the papers. The mode is surely irrelevant. We have not formally approved of email and other modes as acceptable simply because there is inherent limitation to proving service. Where an alternative mode I used, however, and is acknowledged, then surely it cannot be suggested that the Defendants had ‘no notice’…”
A copy of order is enclosed herewith:
What’s up is become very crucial part of day to day life for communication purpose. This is proved in the recent case of “Rohidas Jadhav V/S SBI Cards”,
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