Courts assume the notice has been duly served by you on a particular date when you show them the acknowledgement or receipt of the RPAD or speed post sent to the other party. In case of mail, it is difficult to assume the mail has been delivered to the other party without any proof of acknowledgement.
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.
If you are using microsoft outlook for e-mail, you can generate delivery receipts as well as read receipts. Appropriate settings can be done going into tools-options-email options-tracking options. Those receipts can be used to prove delivery.
i agree with Amardeep Sir. But we will not be having other party which is so tech savvy who comes to courts here in India. Yes, we can use Microsoft outlook in which we receive 'mail read' receipts, if the other party is updated as the litigant is. In other circumstances it is better to send notice through RPAD.
E-mail tracking is a method for monitoring the e-mail delivery to intended recipient. Most tracking technologies utilize some form of digitally time-stamped record to reveal the exact time and date that your e-mail was received or opened, as well the IP address of the recipient.
Some e-mail applications, such as Microsoft Office Outlook, employ a read-receipt tracking mechanism. The sender selects the receipt request option prior to sending the message, and then upon sending, each recipient has the option of notifying the sender that the message was received and/or read by the recipient.
However, requesting a receipt does not guarantee that you will get one, for several reasons. Very few e-mail applications or services support read receipts, and users can generally disable the functionality if they so wish. Those that do support it aren't necessarily compatible with or capable of recognizing requests from a different e-mail service or application. Generally read receipts are only useful within an organization where all employees/members are using the same email service and application.
Depending on the recipient's mail client and settings, they may be forced to click a notification button before they can move on with their work. Even though it is an opt-in process, a recipient may consider it inconvenient, discourteous, or invasive.
But in the end I agree with Suchitra .S as she said " But we will not be having other party which is so tech savvy who comes to courts here in India."