WhatsApp messages valid for legal notices, rules Bombay High Court

Mumbai: From now onwards legal notices sent on phone via social networking application WhatsApp will be treated as valid in courts. Also, it will be treated as a physical copy, if submitted to the court as evidences, said the Bombay High Court on Friday.

The court made its observation while it was hearing a petition filed by the State Bank of India’s card payments division. Presenting their case in court, the SBI informed that one of their client, Mumbai resident Rohit Jadhav was evading their calls and notices.

The premier bank stated that when he did not respond to the calls, the authorised officer took the help of WhatsApp on June 8 and served him a legal notice. “The PDF file (legal notice) was not only delivered, but was opened as well,” they informed the court.”

In the message, the PDF file informed the defrauder about the next date of hearing in court. The bank added that they were forced to do as Jadhav was repeatedly evaded their calls and avoided meeting their officers. However, the message was seen read by Jadhav, through the app’s ‘blue tick’ and ‘message info’ icon.

Hearing the case, Justice Gautam Patel said, “For the purposes of service of notice under Order XXI Rule 22 of the Code of Civil Procedure, 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 as well.”

Considering the matter of serious concern, the court asked the bank to submit residential address on the next date of hearing, so that it can issue a warrant against him.

According to SBI, Jadhav is a repeated credit card defaults offender, who needs to pay more than Rs 1 lakh to the bank. Previously too in 2010, Jadhav defaulted on payment of credit card dues amounting to Rs. 85,000 and was ordered to pay back by the court with the interests in 2011.

As per to the law, an individual or a firm can be served a legal notice via registered post or by visiting in person. But, with the enactment of IT Act, even electronic communication such as e-mails and text messages are considered as legal evidence.

With Inputs from PTI

Photo Credit: Live Law