Notice through E-Mail
Querist :
Anonymous
(Querist) 25 May 2011
This query is : Resolved
Hi every one I would like to know the value of getting notice through E-Mail?
Opposite party has served me a Notice online i didnt accept by post registry.shall i take this email notice seriously or not,,,wt if i do nt access to tat id any more??
kindly suggestThanx
A V Vishal
(Expert) 25 May 2011
Supreme Court to serve notice by email
In a recent order passed by the Supreme Court, keeping in view the delay in service of notice to the respondents to effectuate their appearance before the Court, the Chief Justice of India has directed that "on addition to normal mode of service, service of Notice(s) may be effected by E-Mail for which the advocate(s) on-record will, at the time of filing of petition/appeal, furnish to the filing counter a soft copy of the entire petition/appeal in PDF format"
The Order, passed in the matter of Central Electricity Regulatory Commission v. National Hydroelectric Power Corporation Ltd. was passed by the Chief Justice notes that "in various Courts, the statistical data indicates that, on account of delay in process serving, arrears keep on mounting. In Delhi itself, the input indicates that fifty per cent of the arrears in Courts particularly in commercial cases is on account of delay in process serving.". In this view he laid down the following guidelines in this regard;
[i] In addition to normal mode of service, service of Notice(s) may be effected by E-Mail for which the advocate(s) on-record will, at the time of filing of petition/appeal, furnish to the filing counter a soft copy of the entire petition/appeal in PDF format;
[ii] The advocate(s) on-record shall also simultaneously submit E-Mail addresses of the respondent(s) Companies/Corporation(s) to the filing counter of the Registry. This will be in addition to the hard copy of the petition/appeal;
[iii] If the Court issues notice, then, in that event alone, the Registry will send such an additional notice at the E-Mail addresses of the respondent(s) Companies/Corporation(s) via E-Mail;
[iv] The Registry will also send Notice at the E-Mail address of the advocate(s) for respondent(s) Companies/Corporation(s), who have filed caveat. Advocate(s) on-record filing caveat shall provide his/her E-Mail address for effecting service; and
[v] Within two weeks from today, Cabinet Secretariat shall also provide centralized E-Mail addresses of various Ministries/Departments/ Regulatory Authorities along with the names of the Nodal Officers, if already appointed, for the purposes of service.
The Order itself clarifies that this "facility is being extended in addition to the modes of service mentioned in the existing Supreme Court Rules. This facility, for the time being, is extended to commercial litigation and to those cases where the advocate(s) on-record seeks urgent interim reliefs."
M/s. Y-not legal services
(Expert) 25 May 2011
No. Summons serving through e-service is not possible in india.. For example,if you send notice through e.mail mean how you can prove before court that whether your notice e.mail was viewed by the respondent or not.?
Guest
(Expert) 25 May 2011
I endorse the views of Mr. Vishal.
Guest
(Expert) 25 May 2011
Dear Tom,
The question if about serving of notice, not to compel the receiver to view or read, if intentionally ignores. Even if a person on receipt of notice by registered post may forget or even not to care to view the contents of notice. What would you like to propose in that case?
So, email notice has its own importance and must not be ignored. Any advice to the client not to take notice of the email notice would be fatal to his interest. So don't take the issue in a casual manner.
M/s. Y-not legal services
(Expert) 25 May 2011
Thanks for your comment on me mr.Dhingra. But tell me.. Whats the meaning for SERVING NOTICE? Serving notice mean the respondent or the concern person should be get knowledged about the notice. Thats only meaning for notice SERVED. If you sent the notice mean, whether its delivered to the concern party or not but its can be treated as served? For a example, you sent a private notice to the respondent as registered post, you can show the postal receipt before court, Court will accept you that you served notice? Court will pass any order now? NEVER. COURT WILL ASK YOU TO WAIT TILL THE PROOF OF DELIVERY. Why you are producing the proof of delivery?
M/s. Y-not legal services
(Expert) 25 May 2011
Whether its delivered or not, if you sent notice thats only enough mean most of the cases will get exparty decree or orders only.. For avoiding that only court ask you to produce the proof of delivery.. Here My question is if you sent notice through E-mail mean how you can produce the proof of delivery. Am agree with you that most of the peoples using mail id's. But how many peoples using their mail ids regularly?
M/s. Y-not legal services
(Expert) 25 May 2011
A similar question may arise on the issue of notice through paper publication. Whether the respondent read or not the news paper but if the notice effected through news paper mean court will accept that as notice served. Because thats public service. The court will assume that the respondent got knowledge about the news paper. But E-mail is private service. If any objections on my view mean please welcome mr.dhingra
M/s. Y-not legal services
(Expert) 25 May 2011
A similar question may arise on the issue of notice through paper publication. Whether the respondent read or not the news paper but if the notice effected through news paper mean court will accept that as notice served. Because thats public service. The court will assume that the respondent got knowledge about the news paper. But E-mail is private service. If any objections on my view mean please welcome mr.dhingra
