Delhi HC upholds sufficiency of Service by email and WhatsApp

Lease Plan India Private Limited Vs Rudraksh Pharma Distributor & Ors. (Delhi High Court)

In the case of Lease Plan India Private Limited Vs. Rudraksh Pharma Distributor & Ors., the Delhi High Court was tasked with determining the sufficiency of service via email and WhatsApp in arbitration proceedings initiated under Section 11 of the Arbitration and Conciliation Act, 1996.

The petitioner sought arbitration under an agreement dated March 21, 2018, concerning a Lease Agreement between the parties. Disputes arose, prompting the petitioner to invoke arbitration through a legal notice dated December 31, 2022. Despite efforts to serve the respondents, including by registered post and Speed Post, valid service was not achieved.

However, the court acknowledged the successful service via email and WhatsApp, citing the presence of respondent contact information in the Agreement itself. Consequently, the court deemed further waiting unnecessary and affirmed the existence of an arbitration agreement between the parties.

The petition was allowed, and arbitration proceedings were referred to the Delhi International Arbitration Centre (DIAC), with a request for nomination of an arbitrator. The proceedings would be governed by DIAC rules, with all parties to be duly served according to those rules.

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