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HIGH COURT OF DELHI
ICICI BANK LIMITED – Appellant
Versus
RASHMI SHARMA – Respondent
CM(M)-36/2022
Sending a photograph of the summons through WhatsApp to the defendant, in addition to taking steps for ordinary service and service through speed post, does not amount to overreaching the judicial system or running a parallel system with the judicial system.
Headnote:
CONTEMPT OF COURT - SERVICE OF SUMMONS - WHATSAPP - [The court held that sending a photograph of the summons through WhatsApp to the defendant, in addition to taking steps for ordinary service and service through speed post, does not amount to overreaching the judicial system or running a parallel system with the judicial system.]
Fact of the Case:
The plaintiff bank filed a commercial suit against the defendant for recovery of a loan. The summons were issued in the commercial suit on 16th August, 2021, directing service on the defendant through ordinary process as well as speed post. In addition to the service through the above modes, the plaintiff also sent the photograph of the summons issued by the Commercial Court to the defendant by means of WhatsApp since the plaintiff had the phone number of the defendant provided in the loan documents. When the matter came up before the Commercial Court on 2nd December, 2021, the defendant contended that she had not received any notice/summons from the Court. The Commercial Court issued a show cause notice to the plaintiff as to why criminal contempt proceedings be not initiated against the plaintiff.
Finding of the Court:
The court held that there was no occasion at all for the Commercial Court to issue show cause notice for initiating criminal contempt against the plaintiff. Just because the photograph of the summons were sent by the plaintiff to the defendant through WhatsApp cannot amount to overreaching the judicial system or running a parallel system with the judicial system. The aforesaid observations were completely uncalled for. As noted above, the plaintiff had duly filed process fee and taken steps for issuance of regular summons to the defendant through the ordinary process as well as speed post. The photograph of the summons were sent through WhatsApp only as an additional measure so as to ensure the appearance of the defendant before the Commercial Court. There is nothing malafide in the same and it cannot be said that that was an attempt to overreach the judicial proceedings. It was not that the plaintiff had sought to send the summons through WhatsApp in substitution of the ordinary service to the defendant. It was only sent as a secondary measure to ensure the presence of the defendant on the next date. Therefore, Commercial Court has completely gone overboard in issuing notice for initiating contempt proceedings.
Issues: Whether the plaintiff had overreached the judicial system or run a parallel system with the judicial system by sending a photograph of the summons through WhatsApp to the defendant, in addition to taking steps for ordinary service and service through speed post?
Ratio Decidendi: The court relied on the following principles:- Proceedings for criminal contempt can be initiated only when the act prejudices or interferes or tends to interfere with the course of judicial proceeding or administration of justice.- Contempt of court is a special jurisdiction which ought to be exercised sparingly and with great caution.- Contempt proceedings should not be initiated lightly.- Only High Courts have the power to take cognizance in respect of contempt of courts subordinate to it.- Subordinate courts cannot assume jurisdiction and issue show cause notice as to why contempt proceedings be not initiated.
Final Decision: The court allowed the petition and set aside the impugned order to the extent show cause notice for initiating criminal contempt proceedings had been directed to be issued to the plaintiff.
* IN THE HIGH COURT OF DELHI AT NEW DELHI th % Date of decision: 12 January, 2022 + CM(M) 36/2022 ICICI BANK LIMITED ..... Petitioner Through: Mr. Dayan Krishnan, Sr. Advocate with Mr. Ripu Daman Bhardwaj, Mr. Deepak Kaushik and Mr. Sanjeev Bakshi, Advocates.
Versus RASHMI SHARMA ..... Respondent Through: None.
CORAM:
HON'BLE MR. JUSTICE AMIT BANSAL [VIA VIDEO CONFERENCING]
AMIT BANSAL, J.
CM No. 2057/2022 (for exemption)
1. Allowed, subject to all just exceptions.
2. The application stands disposed of.
CM(M) 36/2022 & CM No. 2056/2022 (for stay)
3. The present petition under Article 227 of the Constitution of India impugns the order dated 2nd December, 2021 passed by the District Judge (Commercial Court)-06, Central District, Tis Hazari Courts, New Delhi (Commercial Court) in CS (COMM.) No. 2857/2021, whereby show cause notice has been directed to be issued to the petitioner Bank (hereinafter ‘plaintiff’), to be answered and endorsed through the Chairman, as to why criminal contempt should not be initiated against him for overreaching the process of the Court.
4. The facts giving rise to the filing of the commercial suit leading to the present petition are as follows:
(i) The respondent (hereinafter ‘defendant’) approached the plaintiff for grant of a car loan cum hypothecation scheme of Rs.5,01,000/- for the purchase of a vehicle. The loan documents were executed and the loan was duly sanctioned to the defendant on 21st November, 2019.
(ii) The defendant defaulted in payments of monthly instalments towards repayment of the loan and consequently, issued a notice dated 16th April, 2021 to the defendant to recall the loan facility available to the defendant.
(iii) In August, 2021, the plaintiff filed a commercial suit for recovery against the defendant which was registered as CS (COMM.) No.
2857/2021.
5. The summons were issued in the commercial suit on 16th August, 2021. The relevant part of the order is set out below: “Issue notice of suit (in the prescribed form viz. the summons for settlement of issues) as well as the accompanying applications with all the annexed documents to the defendants on filing of the process fee by the plaintiff. In case any address of the defendant(s) is of outstation, the ordinary process be sent through the District Judge concerned.
Process be also sent through registered/speed post AD. The sealed covers containing the summons and complete paperbook of the case be handed over dasti to the plaintiff/counsel for putting the same in the postal transmission. The original postal receipt(s) along with the downloaded tract report from the site of India Post be placed on record by the plaintiff/counsel on the next date.
In case the plaintiff has any e-mail, fax ID and mobile number (having facility of whatsApp/Gims/Sandes App) of the defendant, defendant be served under Rule12 of the Delhi Court Services of Process By Courier, FAX and Electronic Mail Service (Civil Proceedings) Rule
2010. The plaintiff shall file the affidavit qua the same.
In terms of Rule 13 plaintiff is directed to place on record a copy of the plaint and· documents in electronic format/scanned images in compliance of Rule 13 for forwarding/annexing/attaching the same with the process. Requisite process fee for sending process by e- mail in compliance of Rule 14 be also filed alongwith the copies as above for onward transmission to Nazarat Branch, Tis Hazari Courts for service through e-mail.”
6. In terms of the aforesaid order passed by the Commercial Court, the plaintiff took steps for affecting service on the defendant through ordinary process as well as speed post, by filing process fee and sealed covers containing the summons and paper book respectively. Pursuant thereto, steps were taken for affecting service on the defendant by ordinary process as well as through speed post. In this regard, reference may be made to the speed post notices issued and the speed post tracking report, as also the report of the Ahlmad, attached to the Commercial Court
