"Sending Photograph Of Summons Through WhatsApp Not Overreach Of Judicial System": Delhi High Court

The Delhi High Court has set aside an order passed by a Commercial Court to the extent of issuing a show cause notice of criminal contempt after a plaintiff had sent the photograph of summons to the defendant through WhatsApp.

The Court said that the same cannot amount to overreaching the judicial system or running a parallel system with the judicial system.

Justice Amit Bansal was dealing with a plea challenging the Commercial Court order wherein notice was directed to be issued to the ICICI Bank Ltd., the petitioner, through the Chairman, as to why criminal contempt should not be initiated against him for overreaching the process of the Court.

In addition to the service of notice through the speed post mode, the plaintiff had 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 was heard in December last year, the defendant submitted that a private notice of appearance was received WhatsApp on 30th November, 2021 and further, that the defendant had not received any notice or summons from the Court.

On the other hand, the plaintiff contended that it had filed the process fee and in addition thereto, photograph of the summons was also sent through WhatsApp to the defendant.

Accordingly, the Commercial Court had passed the impugned order issuing show cause notice to the plaintiff as to why criminal contempt proceedings be not initiated against it.

The Commercial Court was of the view that the aforesaid act of sending summons through whatsapp certainly amounted to over reaching the judicial system and that no party has a right to start a parallel system along with the judicial proceedings.

"In the considered view of this Court, 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 High Court observed.

The Court was also of the view that the impugned observations were completely uncalled for and that the plaintiff had duly filed process fee and had taken steps for issuance of regular summons to the defendant through the ordinary process as well as speed post.

Accordingly, the Court said:

"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."

The Court also observed that the Subordinate courts cannot assume jurisdiction and issue show cause notice as to why contempt proceedings be not initiated.

"A subordinate court can only make a reference to the High Court for initiating contempt proceedings. Therefore, the impugned order is clearly in excess of the jurisdiction vested with the Commercial Court," the Court added.

Accordingly, the Court allowed the petition and set aside the order to the extent of the show cause notice for initiating criminal contempt proceedings directed to be issued to the plaintiff.

Case Title: ICICI BANK LIMITED v. RASHMI SHARMA

Citation: 2022 LiveLaw (Del) 25

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