Service of notice, summons, dak through electronic mode is here to stay after the Delhi High Court on Monday restored its circular of May 3, 2021 which permitted service of notice and summons through electronic modes including WhatsApp, email, fax etc.

By way of an addendum issued on Monday, the High Court has now said that physical delivery will have to be done only in cases where specifically ordered by the Court or insisted on by parties.

"The practice of service of notices/ summons/ dak through electronic mode would remain in force in terms of the earlier circular dated May 3, 2021," an addendum said.

In this regard, the High Court amended its September 16 circular which had withdrawn electronic mode of delivery and reverted to physical mode.

“It is hereby informed to all concerned that the said circular (of September 16) stands amended to the effect that the physical delivery of Notices/ Summons/ Dak would be done only in the cases wherever there is a specific order to that effect by the Hon'ble Court or where the advocates/litigants concerned insists on the physical delivery instead of electronic delivery," said the addendum issued on Monday.

In September 16, the Delhi High Court had issued a circular stating physical delivery of summons/ notices/ dak will restart effect from September 20, 2021. The previous circular dated May 3, 2021 suspending physical delivery in view of COVID-19, had been withdrawn by way of the September 16 circular.

This had effectively put an end to service of notice and summons through WhatsApp, email, fax etc which the Court had permitted during the second wave of COVID-19.

Yesterday's addendum has now restored electronic delivery.

The addendum also specified that should parties insist on physical service, they will be mandated to provide sufficient hard copies along with the process fee.

[Read notification/ addendum]