The Kerela High Court has made a major move in the direction of the technologizing of the judiciary as it has allowed an Advocate Commissioner to serve notice on the parties through Whatsapp/E-mail, Fax whichever is practicable.

This significant decision had come out while the Court was taking up hearing in a case relating to alleged poor living conditions in the hostel of a medical college.

In order to get a status report regarding the state-of-affairs, Justice S V Bhatti dealing with the matter appointed an Advocate Commissioner.

The Court had asked the Advocate Commissioner to inspect the hostel within 12 hours from the date of receipt of the order. The Commissioner was also asked to serve notice on the Medical College by Fax, Email/Whatsapp which is practicable before making the inspection.

Seeing the scale of reach of Social Media and its tools, Courts have started to recognize Whatsapp/Email as valid modes of service of summons.

How Courts have systematically allowed transmission of information of judicial interest via social media tools can be seen in the below cases:  

(i) Kross Television India Pvt. Ltd & Anr. v. Vikhyat Chithra Productions & Ors. where the Bombay High Court directed service of notice to be done via Whatsapp.

(ii) SBI Cards & Payment Services Pvt. Ltd where the Bombay High Court accepted the Bombay High Court said that notice in PDF format which is delivered through Whatsapp is valid.

(iii) Meena Prints Pvt. Ltd. v. Vahini Enterprises & Anr. where the Bombay High Court directed to serve a copy of the order via Whatsapp/Email.

(iv) Jotindra Steel and Tubes Ltd v. M.V. Khalija & Ors. here also, the Bombay High Court directed to serve a copy of the order by Email or Whatsapp.

(v) Monika Rani & Anr. v. State of Haryana & Ors. the Punjab-Haryana High Court directed to send a copy of the FDRs through 'Whatsapp message'.

(vi) Dr. Madhav Vishwanath v. M/s. Bendale Brothers the Bombay High Court asked to consider Email/Whatsapp for substituted service of summons.

The judgement has been delivered by Justice S V Bhatti 20-01-2020.

 

 

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