In a first, Justice Gautam Patel of Bombay High Court has stated that when the purpose of service is to put the other party to notice and to give him a copy of the papers, then the mode is surely irrelevant.
This was stated in a copyright infringement case wherein the Plaintiffs practically tried all methods to serve the summons upon the Defendants, who were discreetly evasive.
Eventually, they got hold of the contact number of the Defendant and sent him the summons through Whatsapp. The Defendant received the same and replied, “I didn’t understand anything, will check with my legal team and I’ll text you back. I am out of station.” The Defendants were also summoned through mail. The Petitioners of the case contended that the Kannada movie Pushpaka Vimana was a lift off a Korean movie titled “Miracle in Cell No. 7” for which the Petitioners had acquired remake rights, to remake the Korean movie in local languages. Justice Patel agreed with the Petitioners stating that, the movie Pushpaka Vimana was “a colourable imitation of the Korean original”, adding that “there are fifteen separate instances” to corroborate the same.
Elaborating further, Patel J stated, “It cannot be that our rules and procedure are either so ancient or rigid (or both) that without some antiquated formal service mode through a bailiff or even by beat or drum or pattaki, a party cannot be said to have been ‘properly served’…We have not formally approved of email and other modes as acceptable simply because there are inherent limitation to proving service. Where an alternative mode is used, however, and service is shown to be effected, and is acknowledged, then surely it cannot be suggested that the Defendants have ‘no notice’… Defendants who avoid and evade service by regular modes cannot be permitted to take advantage of that evasion.”
Even after all the attempts taken by the Plaintiffs, the Defendants did not reply to the notice of motion and were conspicuous by their absence in Court.
He granted an interim stay on the further exhibition, distribution and even telecasting of the Kannada movie.
