The Court allowed the applicant's application permitting service of notice via WhatsApp, SMS, and publication and condoned the delay in filing the application.
Allowed service via WhatsApp, SMS and paper publication; condoned delay.
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APPA761-17.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR.
Criminal Application (APPA) No.761/2017 (Narendra Amarnathji Kalda .vs. Balbirsingh Motisingh Chavhan and another.
)
Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders
Mr. R.M. Bhangde, Advocate for Applicant.
CORAM : Manish Pitale, J. DATED : July 10, 2018.
By order dated 2.4.2018, this Court had allowed the application of the applicant to serve the nonapplicant/respondent by Whatsapp, SMS and other modes of service. Pursuant thereto, the learned counsel for the applicant has placed on record a pursis dated 27.07.2018 placing on record proof of service of notice on the non-applicant/respondent by Whatsapp since it appears from the record that the nonapplicant/respondent has been avoiding to receive the notice. This Court accepts the said proof placed on record by the applicant as good service on the nonapplicant/respondent.
Heard Mr. R.M. Bhangde, learned counsel for the applicant.
For the reasons stated in the application, same is allowed and the delay is condoned.
Criminal Appeal No. ______/2018 .
Heard counsel for the appellant.
Issue notice returnable on 7.8.2018.
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APPA761-17.odt
Looking to the background of this case, the appellant is permitted to serve the respondent by Whatsapp, SMS and paper publication in addition to the usual mode of service.
JUDGE
halwai
1 issue framed by the court
Whether the applicant's application to serve the respondent by alternative modes due to avoidance of service and consequent delay in filing be allowed.
Narendra Amarnathji Kalda
Balbirsingh Motisingh Chavhan
Manish Pitale
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
