• Get the warrants issueed if summons are delivered through digital media only

I have 138 case pending in court. Check belongs to a land development firm with
9 partners registered under RERA. Notices are delivered on address. Summons are
delivered through email and WhatsApp only. You can see delivered and seen status
on WhatsApp. I can definitely tell that other party has fled or hiding
somewhere. Email and phone numbers are from pamplet, receipts and business card
we got from them.

But advocates are asking for physical address saying that judge would not issue
warrant unless summons are delivered on physical address as well.

Advocates have suggested to hire private investigator to find the address. But if
summons are delivered on digital media recognized by court, then I do not wish
to waste our money. I HAVE ASKED WHETHER JUDGE HAD GIVEN SUCH CONDITION/REMARKS
IN WRITING BUT ADVOCATES ARE NOT REPLYING TO IT.

If the summons are delivered through digital media, is it enough to issue
warrant if other party do not appear in court ?
Asked 1 year ago in Criminal Law
Religion: Hindu

2 answers received in 30 minutes.

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15 Answers

the Bombay High Court stated in Dr. Madhav Vishwanath Dawalbhakta & ors. v. M/s. Bendale Brothers that "the soul of the service is to have the information of the proceedings to the defendant or the contesting party.

 

2) 

 Justice Patel of the Bombay High Court endorsed the use of WhatsApp for notice delivery in an execution application in SBI Cards & Payments Services Pvt. Ltd. v. Rohidas Jadhav (2018). It was found that in addition to being received, the PDF attachment of the served notification had also been opened.

"

 

3) having said that better send summons at  physical address of parties 

 

4) emails and whats app can be additional mode of service 

Ajay Sethi
Advocate, Mumbai
97500 Answers
7882 Consultations

check the court records of your case whether any application of issue of warrant made and any order passed by court 

Ajay Sethi
Advocate, Mumbai
97500 Answers
7882 Consultations

what were reasons for return of summons ? 

 

if it was returned on grounds left it is proper service

 

Ajay Sethi
Advocate, Mumbai
97500 Answers
7882 Consultations

summons is not served by physical mode as endorsement is insufficient address 

 

request court to permit service by email /whats app 

Ajay Sethi
Advocate, Mumbai
97500 Answers
7882 Consultations

Notice issued by court in such complaint cases can be served through email, whatsapp also but the issue arise thar who shall ascertain that the email address and whatsapp are authentic and belong to particular person, so generally court prefer service of notice through process server physically. Present time it is not difficult to find the where abouts of a person. You should have to given the company address as the address of partners also and then it would have be easiest to serve company and its partners. 

Siddharth Srivastava
Advocate, Delhi
1453 Answers

The same if duly served then you can issue the warrant against the accused 

Prashant Nayak
Advocate, Mumbai
32859 Answers
209 Consultations

The warrant must clearly mention the name and other particulars of the person to be arrested. As per Section 70(1), every warrant of arrest shall be in writing. It must be signed by the presiding officer of the court and must bear the seal of the court.

 

if you dont have physical address then warrant would not be executed 

Ajay Sethi
Advocate, Mumbai
97500 Answers
7882 Consultations

- The Supreme Court has authorized the delivery of summonses and other legal notices via WhatsApp, Telegram, and email.

- Hence, court cannot deny to issue warrant against accused if the service of summons already served through WhatsApp and email, however you should file an affidavit of confirmation before the court . 

- Further, if the legal demand notice was served on the given address , then the court may proceed for issuing NBW against the accused. 

- further , if even after issuing NBW , the accused not appeared before the court , then the court may proceed for passing the order of P.O. 

- Once, they will declared P.O by the court ,then all the police station of India will have power to arrest the accused . 

- You have right to inspect the court file even without the permission of the lawyer. 

Mohammed Shahzad
Advocate, Delhi
14773 Answers
224 Consultations

You should understand the concept of sending the summons to the parties through social media namely  whatsapp or email or any other mode of social media that they are recognised as satisfactory service of summons only when the services through regular mode i.e., by court, post and courier services  don't fetch the result.

a Delhi municipal court dismissed WhatsApp electronic service, arguing that the Delhi High Court had not established any rules permitting the complaint to carry out the service of the accused in complaint case by electronic mode. In an order issued in January 2017, it had stated that there is no option available with the court system to effect service through electronic method.

However in a recent order passed by Registrar H. Shashidhara Shetty in the case of Hardev Ram Dhaka V Union Of India8, it was stated that notice served upon the respondents though e-mail or WhatsApp is not valid as per Supreme Court Rules.

T Kalaiselvan
Advocate, Vellore
87702 Answers
2355 Consultations

If the court is passing any order you will find it in the court diary or in the ecourts website

T Kalaiselvan
Advocate, Vellore
87702 Answers
2355 Consultations

There was a common practice that people played tactics of not receiving legal notice or documents so the courts had recognized the process of sending Legal notice via whatsapp, mail, fax. However, in 2023 order, the Registrar Court at the Supreme Court refused to accept the validity of serving legal notices through electronic modes. Therefore, modes such as dasti and courier etc. will be considered as valid modes of serving notice.

T Kalaiselvan
Advocate, Vellore
87702 Answers
2355 Consultations

Dear Client,

The Civil Procedure Code (CPC) does not specifically mention digital media as a method of service of summons. However, the CPC does allow for service of summons by other means, such as registered post or publication in a newspaper.

 

In the absence of specific provisions in the CPC, it is up to the court to decide whether service of summons through digital media is sufficient. In some cases, courts have allowed service of summons through email or WhatsApp, while in other cases, they have required physical service.

 

If the court decides to allow service of summons through digital media, and the other party does not appear in court, the court may issue a warrant for their arrest

Provide the court with evidence that the other party has access to email or WhatsApp, such as a copy of their email address or a screenshot of their WhatsApp profile. The court will initiate the digital media platform to serve summons/warrant as applicable.

Anik Miu
Advocate, Bangalore
10382 Answers
121 Consultations

There are no such provisions regarding the number of issuance of summons before issuing a Bailable warrant. When the court is satisfied that summon is duly served to the party and any application is being made by the party for issuance of bailable warrant then the court may issue the same.

T Kalaiselvan
Advocate, Vellore
87702 Answers
2355 Consultations

If the accused had received the legal notice and the court summons at least once in the given address but had decided to not to respond then you can seek permission of court to issue bailable warrant in this case under section 138 NI Act.

The service of summons through whatsapp or any social media will be proper and satisfy the court in the civil cases, whereas in the criminal cases what will the court do if you were not able to serve the summons to the person's address where he do not live neither you have his correct or current address. 

If the bailable warrant is to be issued then the court will need to have his correct address in order to pass orders to the concerned police to execute the warrant .

Order V Rule 9(2) of CPC empowers the court to deliver summons in such manner as the court deems fit. Moreover, Order 5 Rule 9(3) uses the expression “any other means of transmission” which includes fax message or electronic mail service. Therefore the usage of Whatsapp by the court was not against legal provisions. But this is applicable to the civil cases only and not for the criminal cases. 

The court may allow the serving of the notice of summons through Whatsapp after normal attempts for serving summons failed.

T Kalaiselvan
Advocate, Vellore
87702 Answers
2355 Consultations

Your advocate has rightly advised you. Arrest warrant cannot be universal and wild. Warrant serve through police so exact address of accused is required. 

Siddharth Srivastava
Advocate, Delhi
1453 Answers

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