Petition for Permission to Serve Notice via WhatsApp

Introduction

This petition seeks permission from the Munsiff Court to serve notice to the judgment debtor through WhatsApp, in accordance with the directions issued by the Supreme Court of India regarding unconventional methods of service.

Legal Basis

• The Supreme Court of India has permitted the service of summons via unconventional methods, including email and WhatsApp, as established in Suo Moto Writ Petition (C) No.3/2020. This ruling emphasizes that the primary goal of service is to ensure that the other party is adequately informed of the proceedings against them, regardless of the method used for service Seema Bhatnagar VS Anoop Sharma - Punjab and Haryana (2021).

Facts of the Case

1. The petitioner is seeking to enforce a decree against the judgment debtor.
2. Traditional methods of service (e.g., registered post or personal service) have proven ineffective or impractical in this case.
3. The judgment debtor has been evasive in receiving traditional notices, which necessitates the use of WhatsApp as an alternative method of communication.

Request for Permission

• The petitioner respectfully requests the court to grant permission to serve the notice to the judgment debtor through WhatsApp, as follows:
• Verification of Contact Details: The petitioner will ensure that the WhatsApp number used for service is accurate and belongs to the judgment debtor.
• Proof of Delivery: The petitioner will provide evidence of the message being sent and, if possible, a screenshot of the delivered message to confirm receipt.

Legal Precedents

• In Kross Television India Pvt. Ltd vs. Vikhyat Chitra Production, the Bombay High Court acknowledged that service via WhatsApp can be considered valid if it effectively informs the other party of the proceedings P. N. Sreekumaran Nair VS Dhanalakshmy Bank - Kerala (2008).
• The court in UMC Technologies Private Limited Vs. Food Corporation of India emphasized the importance of providing reasonable notice to the affected party, which can be achieved through modern communication methods Lava International Limited, Noida, Uttar Pradesh VS State of Jharkhand - Jharkhand (2022).

Conclusion

Given the Supreme Court''s endorsement of unconventional service methods and the practical challenges faced in this case, the petitioner requests that the Munsiff Court grant permission to serve the notice to the judgment debtor via WhatsApp. This approach aligns with the principles of justice and ensures that the judgment debtor is adequately informed of the proceedings.

Prayer

The petitioner prays that the Honorable Court: 1. Grants permission to serve the notice to the judgment debtor through WhatsApp. 2. Orders that the petitioner provide proof of delivery of the notice via WhatsApp.

Date: Insert Date
Place: Insert Place
Petitioner: Insert Petitioner Name
Advocate for Petitioner: Insert Advocate Name

This petition is structured to clearly present the request and legal basis for serving notice via WhatsApp, supported by relevant legal precedents..