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Subordinate courts do not have jurisdiction to initiate contempt proceedings: Delhi High Court

The Court held that there was no reason for the commercial court to issue the show cause notice, noting,

“Just because the photograph of the summons were sent by the plaintiff to the defendant through WhatsApp cannot amount to overreaching the judicial system or running a parallel system with the judicial system.”

The Court noted that the bank had filed process fee and taken steps for issuance of regular summons to the defendant through the ordinary process as well as speed post to ensure the appearance of the defendant before the commercial court. There was nothing malafide in the same, and it cannot be said that that was an attempt to overreach the judicial system, the Court held.

It was not that the plaintiff had sought to send the summons through WhatsApp in substitution of the ordinary service to the defendant. It was only sent as a secondary measure to ensure the presence of the defendant on the next date. Therefore, Commercial Court has completely gone overboard in issuing notice for initiating contempt proceedings,” the order stated.

Source: Barandbench

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