Bombay High Court: A Bench comprising of G.S. Patel, J , has held that the Indian Judiciary system is flexible enough to consider a notice issued through ‘Whatsapp’ or through email admissible in the court of law. It is not necessary for the plaintiff to go through extreme measures like that of a bailiff or through the ‘beat of a drum’ for the notice to be considered as properly served. The defendants were duly notified in the eyes of the court.
The facts in brief are the plaintiff obtained the original rights of a Korean movie for a Hindi remake but soon found the Kannada remake of the film which was made without obtaining the rights of the movie. The plaintiff in this case sent a notice through ‘Whatsapp’ to the defendant. The defendant took the stand that he hadn’t received the notice but the receipt on the delivery of the message was shown. The Court held this method of giving noticeable as valid and also granted temporary and interim injunction against the defendant or any person related to the defendant or working with/ for the defendant by restraining them from making the film available available for showing to the public in any manner or form. [Kross Television India Pvt. Ltd. v. Vikhyat Chitra Production, 2017 SCC OnLine Bom 1433, decided on 27-03-2017]
