$~O-7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 29/2025 & I.A. 266/2025 Date of Decision: 27.03.2025 IN THE MATTER OF:

TATA CAPITAL HOUSING FINANCE LIMITED .....Petitioner Through: Mr. Vishwanathan Iyer and Ms. Pooja Sharma, Advs.

versus MR. VIVIAN JOSEPH & ANR. .....Respondents Through: None.

HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

JUDGEMENT

PURUSHAINDRA KUMAR KAURAV, J. (ORAL)

1. Affidavit of service dated 28.01.2025 filed by the petitioner, reads as under:-

“2. …I have affected the service of the petition to Respondent along with notice through –

(A) Speed-post dated January 20, 2025. The notice with consignment number bearing SU001588937IN was delivered at the given address of Respondents however, notice with consignment no.s SU001588923IN, SU001588954IN, SU001588945IN, and SU001588910IN were returned. Copy of the postal tracking receipts wherein the shipment was successfully delivered is annexed hereto and marked ANNEXURE P-1a and postal tracking receipts wherein the shipment was not delivered is annexed hereto and marked as ANNEXURE P-1b (B) Courier dated January 20, 2025. The said Couriers were not delivered at the given addresses of Respondents and were returned undelivered. Copy of the courier receipt is annexed hereto and marked as ANNEXURE Signature Not Verified Signature Not Verified Digitally Signed By:PRIYA Digitally Signed P-2.

(C) Email dated January 27, 2025 timed at 03:39PM, from my official email address i.e., pooja.sharma@anandsharmaassociates.com to the email address of the Respondent i.e., veorreya@gmail.com. The above said email has not bounced back, therefore the same is deemed to have been delivered to the Respondents. Therefore, the electronic service of Notice is affected as per the order. Copy of email dated January 27, 2025 is annexed hereto and marked ANNEXURE P-3 (D) WhatsApp message dated January 27, 2025 timed at 03:15 PM from my WhatsApp account to Respondent's registered number i.e., +91 99582 21047. The said message is delivered to the Respondent and the same shows double tick therefore, service via WhatsApp is also affected as per order. Copy of WhatsApp message dated January 27, 2025 is annexed hereto and marked as ANNEXURE P-4

3. I say that the service upon the Respondents is complete and that whatever stated herein is true and correct.”

2. Despite the aforesaid, no one appears for the respondents. The service deems to have been completed.

3. The petitioner is a company duly incorporated under the Companies Act, 2013 and is engaged in the business of extending Housing finances/Housing loans to various types of borrowers.

4. As per the case set up by the petitioner, respondent No.1 along with respondent No.2 approached the petitioner for availing financial facility against certain properties. The petitioner had sanctioned loan facility of Rs.1,10,60,000/- vide sanction letter dated 01.09.2019. Subsequently, the respondent appears to have requested for Special Purpose Loan Facility for an amount of Rs.1,42,765/- which was also sanctioned by the petitioner vide sanction letter dated 21.09.2019.

5. Pursuant to sanctioning of loan, loan agreements were executed between the petitioner and respondents. The respondent then defaulted in repayment of the loan which resulted in taking up various steps under the Signature Not Verified Signature Not Verified Digitally Signed By:PRIYA Digitally Signed provisions of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act).

6. Since the respondents have not paid the outstanding loan amount, the petitioners sent a legal notice dated 30.06.2024 invoking the Arbitration Clause.

7. The Clause 12 of Home Loan Agreement reads as under:

“12. Dispute Resolution if any dispute, difference or claim arises between any of the Obligors and the Lender in connection with the Facility or as to the interpretation, validity, implementation or effect of the Facility Documents or as to the rights and liabilities of th