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Judgment
Moushumi Bhattacharya, J
The Court : This application is of the plaintiff for a direction to serve copies of the fresh writ of summons and the amended plaint together with all
annexures in the instant suit upon the defendant nos.1, 2, 4 to 38 through electronic mail at their electronic addresses as stated in the application.
Learned counsel appearing for the plaintiff places the order dated 12th February, 2020 by which the defendants who are yet to file their written
statement or enter appearance in the suit were directed to proceed under the Rules of the Commercial Courts Act and the timelines prescribed by the
said Act were to apply to the suit from the date on which the summons are served on the defendants by the plaintiff. Learned counsel submits that
defendant nos.1, 2, 4 to 38 have their place of business outside India and would therefore have to be served through electronic means.
Counsel relies on a letter of the advocate-on-record of the plaintiff dated 21st February, 2020 on the representing advocate for the defendant nos. 1 to
6, 8 to 24, 26 to 30 and 32 to 38 which contains a handwritten endorsement that the service sought to be made by the plaintiff’s advocate-on-
record was not in compliance with the order dated 12th February, 2020 and service was therefore refused. This was followed by a letter dated 21st
February, 2020 by the same advocate stating that the writ of summons should be directly served upon the defendants at their respective addresses as
stated in the cause title in the plaint. Counsel places an earlier order passed by a learned Judge on 3rd July, 2017 where service of summons through
electronic mail was allowed on certain defendants.
Upon hearing learned counsel and considering the provisions under Order V Rule 25 of The Code of Civil Procedure which makes a provision for
service on defendants residing outside India and who have no agent in India by electronic mail, this Court is inclined to allow the application in terms of
prayer (a). The plaintiff is directed to serve copies of the fresh writ of summons and the amended plaint with all annexures upon the defendant nos. 1,
2, 4 to 38 through electronic mail at their electronic addresses as stated in annexure ‘H’ to the application.
Leave is given to the advocate-on-record of the plaintiff to file the requisite affidavit of service certifying compliance in the matter of service on the
defendant nos.1 , 2 and 4 to 38 by electronic means as aforesaid.
GA 632 of 2020 is disposed of in terms of the above.
The affidavit-of-service showing that the application has been served on all the defendants save and except the defendant nos. 39 to 42, is taken on
record.
Counsel submits that these defendants have not been served since the plaintiff is not seeking any orders against them in the suit.