This will likely be along with the conventional mode of communication together with electronic message, registered submit, courier and fax.
“The legislation and regulation in regards to the securities market and the regulatory framework continues to see dynamic modifications on occasion,” mentioned Zerick Dastur, founding father of Zerick Dastur, advocates and solicitors. “In an effort to smoothen the system of adjudication and issuance of well timed processes, the way of service of notices and orders has additionally undergone modifications to fulfill with the wants of time.”
On July 11, 2020, the Supreme Court agreed in precept that serving notices and summons, integral to the judicial processes, by immediate messaging providers like WhatsApp and Telegram along with emails could be legally legitimate.
A bench of Chief Justice S A Bobde, and Justices R S Reddy and A S Bopanna agreed with the options of legal professional basic Okay Okay Venugopal and solicitor basic Tushar Mehta that notices by e-mail would represent a sound supply mechanism.
It mentioned that this innovation was wanted as bodily supply of notices throughout lockdown intervals has been troublesome.
“This observe that has been initiated by the Supreme Court docket is now being adopted not solely by the Delhi Excessive Court docket but additionally by district courts and likewise monetary authorities. Not too long ago, a monetary authority in Chandigarh, Mr Ashok Khemka, has additionally issued a discover to a respondent residing in Nepal by WhatsApp,” mentioned Supreme Court docket advocate Pratap Venugopal.
Legal professionals mentioned the mandate of serving paperwork by a number of means may even act as a test towards any potential try on the a part of recipients to keep away from receiving notices.
“Proper from bodily supply to hurry submit or courier service to e-mail or fax to WhatsApp (now), the modes of serving judicial paperwork have frequently advanced over time. On this backdrop, this initiative of the Supreme Court docket is a breath of recent air and a serious leap within the step-by-step evolution of the method service in India,” Venugopal mentioned.
The ‘blue-tick’ characteristic of WhatsApp is utilized by the courts to find out whether or not the recipient has seen the service of the doc.
“Sebi has shortly utilised the judgement and really helpful to the ministry of finance to legislate it for Sebi orders and notices even in non-lock-down conditions,” mentioned Sumit Agrawal, managing accomplice, Regstreet Regulation Advisors & former Sebi Officer.
“Indian securities market is functioning in a close to 100% demat setting the place cellular numbers and e-mail ids can be found in databases of depositories and different intermediaries by KYCs (know your shopper), effecting service by immediate messaging providers and e-mail will cut back delays and improve effectivity.” Agrawal mentioned.