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2024 Supreme(Online)(DEL) 19454
HIGH COURT OF DELHI
Sanjeev Narula, J
FRHI HOTELS & RESORTS S.A R.L. – Appellant
Versus
ABDUL REHMAN & ORS. – Respondent
CS(COMM) 275/2024
RAHUL CHAUDHRY
Proper service of summons is essential to ensure fair opportunity for defendants to respond, emphasizing the need for accurate communication methods.
Headnote:(A) Civil Procedure Code, 1908 - Service of summons - Incorrect service on e-mail address - Plaintiff attempted service on correct e-mail and via WhatsApp - Court defers hearing to await response from Defendants and directs fresh affidavit of service. (Paras 1, 2)
(B) Service of process - Importance of proper service to ensure fair opportunity for Defendants to respond - Court emphasizes need for accurate communication methods.
Facts of the case:
The Plaintiff initially served documents to an incorrect e-mail address but later corrected this and attempted service on the correct address and via WhatsApp.
Findings of Court:
The Court decided to defer the hearing to allow the Defendants time to respond and required the Plaintiff to file a fresh affidavit of service.
Issues: The main issue was whether the Plaintiff had effectively served the Defendants and the adequacy of the service methods used.
Ratio Decidendi: The Court highlighted the necessity of proper service to ensure that Defendants have a fair chance to respond, thus maintaining the integrity of the judicial process.
Result: Hearing deferred to await response from Defendants.
% 03.04.2024
1. As per the documents annexed with the plaint, the Plaintiff has effected advance service on an incorrect e-mail address of the Defendants.
Mr. Anirudh Bakhru, counsel for Plaintiff, states that having noticed the error, they have again attempted service on the correct e-mail address, which is mentioned on the Defendant’s website. This latter attempt was made yesterday, i.e. 2nd April, 2024, at 09:38 AM. He further states that in addition to effecting service through e-mail, they have also attempted to contact the Defendants through WhatsApp on the Phone No. mentioned on their website. He states that he will place on record the copy of the WhatsApp communications exchanged, along with affidavits, before the next date of hearing.
2. Considering the fact that only a short time has lapsed since advance service was attempted on the Defendants, the Court finds it appropriate to defer today’s hearing to await response from the Defendants. In the meantime, let the Plaintiff attempt service again, and file a fresh affidavit of service on or before the next date of hearing.
List on 08th April, 2024.
