Monday, September 3, 2012

Delhi High Court Rules: Service to Parties via Email

In my experience before the Delhi High Court, I haven’t seen many parties use emails to serve summons and notices to opposing parties. To be honest, I have never done it myself. Only two days ago, I discovered that the Delhi High Court provides for service of Court processes to parties via email. The first circular to this effect was issued on September 9, 2010 which is available here. A related Practice Direction was issued on the same day by the Court’s Registry, which is available here.

This was subsequently incorporated as part of the Delhi Courts Service of Processes by Courier, Fax, and Electronics Mail Service (Civil Proceedings) Rules, 2010, which was notified on February 9, 2011. Email service is specifically provided for under Rule 12 of the said Rules. The said Rule reads as under:

12.Parties to Provide Electronic Mail Address, if desire to serve the other party by electronic email: A party desirous of sending the process to the other party by Electronic Mail Service shall provide electronic mail address of the other party or a party whom it would like to serve by Electronic mail Service. Party shall affidavit in Court stating that the electronic mail address of the other party given by him is correct to the best of his knowledge.

Under Rule 15 of the said Rules, even witnesses may be summoned via emails. Also, any party may request the Court to issue service to it via emails so that it may receive the Court’s communication or communication from the other party to the proceeding via email.

Pertinently, it is to be noted that these Rules apply to the Delhi High Court, lowers Courts which are subordinate to the High Court and Tribunals which are subordinate to the High Court. 

Hopefully, readers of this blog will benefit from this information when they wish to serve other parties expeditiously or when they seek urgent reliefs from the Court.

1 comment: