Service On Whatsapp Number And Email Address Mentioned In The Agreement Constitutes A Valid Service: Delhi High Court

Facts

The parties entered into a lease agreement dated 21.03.2018 wherein a vehicle was leased out by the petitioner to respondent no.1. Clause 10.2 of the agreement was the arbitration clause.

A dispute arose between the parties, leading to invocation of arbitration by the Petitioner. It proposed the appointment of the arbitrator from the 3 names forwarded by it, however, there was no response from the respondent. Accordingly, the Petitioner approached the Court for the appointment of the arbitrator.

The Court directed the petitioner to serve a copy of the petition on WhatsApp and Email address mentioned in the agreement between the parties. The service was also allowed through speed post. The service was completed through virtual modes, however, the speed post returned as the respondent was not found at the address.

Analysis by the Court

The Court observed that the petitioner has filed an affidavit which demonstrated that service was complete through virtual modes. Further, it observed that the address on which the speed post was sent is mentioned in the agreement between the parties and the notice of arbitration was duly served on the same address.

The Court held that the respondents have been duly served and choose not to appear, therefore, it did not consider it necessary to await further for their appearance. The Court held that prima facie arbitration agreement exists between the parties.

Accordingly, it referred the dispute to arbitration under the aegis of DIAC.

Case Title: Lease Plan India Pvt Ltd v. Rudrakash Pharma Distributor

Citation: 2024 LiveLaw (Del) 454

Date: 10.04.2024

Counsel for the Petitioner: Mr. Akhilesh Pradhan

Counsel for the Respondent: N/A,

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