New Delhi: ‘Popularity is not a measure of reliability’ seems to have played in the minds of the Supreme Court, which on Wednesday said messages exchanged on the WhatsApp social media platform did not have the value of evidence and the author of the WhatsApp message could not be bound to them, especially in business partnerships which is governed by the agreement.
The chairman of the Judge and Ramana and the US Judge Bopanna and Hrishikesh Roy said, “What is the value of evidence of whatsapp messages today? Anything can be made and removed on social media today.
We do not attach value to whatsapp messages.” Problems related to concession agreements December 2, 2016 Between the South Delhi Municipal Corporation and a consortium consisting of A2Z infrasvex and other entities for the collection and transportation of waste materials.
On April 28, 2017, A2z signed another agreement with the infrastructure of Quippo (now VIOM Infra Ventures) to carry out part of the work contracted and agreed that all the money received by the A2Z will be stored in an escrow account from which made for parties.
On May 28 last year, A2z ended the contract agreement and Qippo moved Calcutta HC on September 14 to appoint an arbitration panel on certain problems related to A2Z.
The parties agreed to arbitrate on January 14 this year.
A single judge from Calcutta HC was told by Quippo Counsel about WhatsApp message March 19 2020 where A2z was said to recognize the payment of Rs 8.18 Crore because of Quippo.
Qippo also shows email in 2018 where A2z has agreed to deposit all the money received from SDMC in an escrow account.
A2Z told HC that whatsapp messages were falsified and made.
However, HC directs A2z to “deposit all the money received by them in the future from South Delhi Municipal Corporation in connection with the work covered by the Master Service Agreement on an Escrow account will lead to the Arbitration Court or Arbitration Award that can be passed”.
Appears for A2Z before SC on Wednesday, senior advocate Ranjit Kumar said that even though the agreement was stopped and the dispute stood referring to the arbitration, it was unpredictable why HC ordered all the receivables stored in the Escrow account.
“I will not be able to pay workers involved in the collection and transportation of solid waste management in Delhi.
Why HC must believe whatsapp messages when we have denied it as forged and made.” For Qippo, senior advocate Ritin Rai said that an escrow account was made on the basis of the agreement For a fair distribution of money between the parties.
However, the SC bench led by Cji Ramana said that this problem was called arbitration, why should a party end the agreement depositing accounts receivable in an escrow account? “Prima facie we are not satisfied with the direction of HC to save money in an escrow account.
We do not consider acceptance, it is said that whatsapp messages.
If it is not late, then go before the arbitrator and the party will be bound by the ARBiter award,” Bench said.
However, with Rai survive in his seat, the bench issued a notification and asked the RAI client to file a reply to the petition by A2z.