Bombay High Court rules that any notice delivered through WhatsApp in PDF is valid

The indicator that the notice was not only sent but the attachment was also opened was the reason for Judge Patel to rule delivery of notice through WhatsApp as valid.

  • Published: June 15, 2018 6:44 PM IST

Bombay High Court has just ruled that any notice that is delivered using the online messaging platform WhatsApp in PDF format will be considered valid. According to a report by LiveLaw, “Justice GS Patel was hearing an execution application”. Rohit Jadhav, the respondent was evading the “service of notice under Order XX1 Rule 22 of the Code of Civil Procedure 1908.” To simplify, a notice was required to be sent to him according to the law but he was repeatedly trying to evade it. Claimants pointed out that Jadhav was trying to evade calls and other efforts from legal representatives to reach to him.

An authorized office from the claimant, SBI Cards and Payments Services was trying to serve him the notice and the office sent a PDF along with the message to Jadhav on WhatsApp. Justice Patel issued a ruling, “For the purposes of service of Notice under Order XXI Rule 22, I will accept this.” The important thing to note here is that the reason Justice Patel ruled the delivery of notice through WhatsApp was because of the indication that the notice was not only sent but the attachment was opened as well along with the message.

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To note this, he went on to add, “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.” This comes right after WhatsApp opened its UPI-powered payment service for all its users in the Indian market.

The company had already launched the ability to send and receive money from other users on WhatsApp a couple of weeks back. However, the wider rollout for the mass audience was delayed due to legal troubles, especially with Facebook’s data sharing policy with third-parties.

  • Published Date: June 15, 2018 6:44 PM IST