Service Of Notice By WhatsApp and Email Is Sufficient: Delhi High Court
The Delhi High Court ruled that service of notice by WhatsApp and Email is sufficient.
The Court held thus in a case where the Petitioner filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of an arbitrator to adjudicate disputes between the parties under an agreement titled as “Lease Agreement”.
The bench of Justice Prateek Jalan observed, “Although service by email and WhatsApp is sufficient, it may also be noted that in the Agreement itself, the address of the respondent for the purposes of correspondence, provided in Clause 10.3, is the address at which service has been attempted. The notice invoking arbitration sent to the same address was reported to have been delivered, but in the Speed Post report, by which the petition was sent to the address, it is stated that no such person is available at the address.”
Advocate Akhilesh Pradhan appeared for the Petitioner.
Brief Facts-
The Petitioner, M/S Lease Plan India Private Limited and the Respondent M/S Rudraksh Pharma Distributor & Ors. a partnership firm entered into an agreement for the lease of vehicles. The agreement contained an arbitration clause that provided for adjudication of disputes by reference to arbitration to be conducted at New Delhi in accordance with the Rules of the Delhi International Arbitration Centre. Under the same clause, Courts in New Delhi were also vested with exclusive jurisdiction under the Agreement. Dispute arose between the parties and the Petitioner claimed to have invoked Arbitration by a legal notice but got no confirmation from the respondent on the appointment of Arbitrator.
The Court earlier directed the Petitioner to serve the respondents by email and WhatsApp at the addresses and phone numbers mentioned in the Agreement. An affidavit was also filed confirming that email and WhatsApp service was affected.
The Court also permitted the Petitioner to serve the respondents through registered post and Speed Post at the address mentioned in the memo of parties. However, the Court noted that the Joint Registrar had recorded in the order that valid service was not affected by these means in view of the Speed Post tracking report.
The Court did not consider it necessary to await the appearance of the respondents any further as the service was duly effected through WhatsApp and Email.
The Court further stated that according to it there is prima facie an arbitration agreement between the parties and the Arbitration proceedings were duly invoked.
The Court allowed the Petition and referred the dispute under the aegis of the Delhi International Arbitration Centre.
Cause Title: M/S Lease Plan India Private Limited v. M/S Rudraksha Pharma Distributor & Ors.
Appearance:
Adv. Akhilesh Pradhan
