India: Service by E-mails allowed by the High Court of Delhi

December 5, 2019

Recently, on December 3, 2019, the Hon’ble Chief Justice of the Delhi High Court, on the recommendation of judges of the Original side has issued directions that while filing fresh suits/arbitration or other filings, wherever required to be served on the Opposite Party/Counsel, advance copies of paper book or filing can be served on the Opposite party or counsel through e-mail.

Further, the Registry can accept the same as proof of service provided that such suits/arbitration or filing is accompanied with an affidavit of the filing counsel or party which states that the email address at which the email has been sent is of the concerned party/counsel and that the e-mail has been sent successfully without bouncing back.

Additionally, the affidavit should mention the date and time of the sent e-mail and also the e-mail ID at which it has been sent. The Chief Justice also directed that the actual date when the fresh filing is to be listed shall also be specified in the e-mail. Moreover, when there are defects and re-filings, the final filing shall be accompanied with an affidavit of service of email of the fresh date of listing.

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