The Bombay High Court has recently ruled that banks can send legal notices to loan defaulters through WhatsApp. Once it is proved that the notice was delivered, the court will accept it as duly served on the requisite individual. The path-breaking order was delivered by Justice G.S. Patel on 11th June 2018, and has kept the legal circles buzzing ever since.
The case in question was being fought between SBI Cards & Payments Services Pvt Ltd and Rohidas Jadhav. Jadhav, who had pending credit card dues, was ordered in 2011 to repay the amount along with 8 per cent interest. He failed to repay the amount and kept changing his residence in order to avoid the banks litigation notice. As SBI had Jadhav's mobile number, it sent a message through WhatsApp intimating him about the next date of hearing.
Taking cognisance of the matter, Justice Patel ruled, "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 Respondents number, but that both were opened."
Delivery of summons, i.e. a notice to appear before a court of law, is governed by the Code of Civil Procedure, 1908. Under Order V, Rule 9(3) of the said law, a summon has to be delivered through registered post acknowledgment due. However, if the summon cannot be delivered through post because of unavoidable circumstances, the law permits taking recourse of any other means of transmission of documents, which includes fax or email. In this specific case, the Bombay High Court interpreted notice issued through WhatsApp to come under other means of transmission of documents.
Some experts, however, are hesitant in accepting the order. As reported by the Financial Express, Ashok Shah, Partner, N.A Shah Associates LLP, said,"In todays world of information technology, electronic service of notice is going to be way of life. Like everything else, this should be a welcome step. Number of legislations have been made making electronic service of notices legal. Though in context of facts of a particular case, the Bombay High Court upheld the notice by WhatsApp as a sufficient proof of delivery of notice. This cannot be taken as a general rule. In order to prevent misuse, various safeguards will have to be incorporated in the Civil Procedure Code, and till such amendments are made, one will have to proceed on the basis that delivery by WhatsApp is not a legal way of serving notice."