2018(5) ALL MR 486
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
G. S. PATEL, J.
SBI Cards & Payments Services Pvt. Ltd. Vs. Rohidas Jadhav & Ors.
Notice No. 1148 of 2015,Execution Application No. 1196 of 2015
11th June, 2018.
Petitioner Counsel: Mr. Murlidhar Kale, i/b OM Gujar Law Chambers
Civil P.C. (1908), O.21 R.22 - Service of notice - By Whats App message - Whether acceptable - Notice served by authorised officer of claimant by sending a PDF and a Whats APP message on mobile number of respondent - Icon indicator clearly shows that not only was the message and its attachment delivered to respondent's number but both were opened also - Print out of Whats APP number of both the parties taken on record - Same is sufficient for purpose of service of notice under O.21 R.22. (Paras 1, 4)
JUDGMENT
JUDGMENT :- 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.