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

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. The Claimants have also learnt that the Respondent resides at

Nalasopara in a place which he seems to have taken on rent. The

Claimant will furnish the particulars of address so that a warrant, if

necessary can be issued against him.

3. In the meantime, the present Notice is made absolute.

4. 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.

5. By way of abandon caution and so that it remains a part of the

record a scan of the print outs is attached to this order as well.

(G. S. PATEL, J)

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