The Delhi High Court, in two separate rulings delivered by Justice Sanjeev Narula, formally became the first court to officially recognise electronically signed and notarised affidavits and vakalatnama executed through an online platform called NotarEase which was co-founded Adv. Karmanya Singh Sareen in the year 2023.
In the first case, (Srinath Kumbargeri v. C.A. Shivaram & Anr.), the Petitioner’s attorney, unable to complete physical attestation at the Indian Embassy in Dubai, used NotarEase to virtually appear before a Delhi Notary Officer and digitally sign affidavits and vakalatnama. Supporting material included video-call screenshots, an eMudhra digital completion certificate, and document logs. The Court, satisfied with these safeguards, allowed the electronically notarised filings. Substantively, the petitions sought rectification of trademark registrations relating to “Parimala Coffee”, allegedly misappropriated by a permitted user.
In the second case, Singh & Singh Law Firm LLP v. Singh & Singh Attorneys & Ors. the Plaintiffs, a leading Indian law firm, sought protection of their trademark “Singh & Singh” against infringement by a South African firm using the name “Singh & Singh Attorneys” with the domain singhlaw.co.za. Their attorney, citing pressing commitments, utilised NotarEase to execute affidavits and vakalatnama. The Court admitted these documents and granted an ex-parte ad-interim injunction, restraining the Defendants from using the impugned marks in India and directing the Government to block the infringing website.
Through these orders, the Delhi High Court became the first in India to judicially endorse e-notarisation, holding that affidavits and vakalatnama signed and notarised electronically can be taken on record. The Supreme Court and various multiple courts of India have also permitted this technological advancement in the legal world called NotarEase.
Citations :
Srinath Kumbargeri V. v. C.A. Shivaram & Anr. C.O. (COMM.IPD-TM) 13/2024
Singh & Singh Law Firm LLP v. Singh & Singh Attorneys & Ors. CS(COMM) 466/2024
Appearances:
For Petitioner (Srinath case): Advs. Mr. Tanmaya Mehta, Mr. Krishnagopal Abhay, Mr. Karmanya Singh Sareen, Mr. Sahib Singh Dhillon, Mr.Prabhjot Singh Dhillon, and Mr. Rinku.
For Respondents: Mr. Naveen R. Nath, Sr. Adv. with Mr. Vikas Kumar, Mr. Sangram Panghal, Mr. Pranjal Shrivastava, Ms. Vidanshi Kamalia,Ms. Gayatri Virmani, and Ms. Disha Gupta for R1; Mr. Harish Vaidyanathan Shankar, CGSC with Mr. Srish Kumar Mishra, Mr. Alexander Mathai Paikaday, and Mr. Krishnan V. for R2. For Plaintiffs (Singh & Singh case): Advs. Mr. Tanmaya Mehta, Mr. Krishnagopal Abhay, with P-2 in person. For Defendants: Mr. Aditya Gupta and Mr. Sauhard Alung for D-6.