$~O-7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 44/2025 Date of Decision: 26.03.2025 IN THE MATTER OF:

TATA CAPITAL LIMITED .....Petitioner Through: Mr. Savyasachi K. Sahai, Mr.

Vishvajeet Singh Singhania, Mr. Aman Singhania and Mr. Madhumita Bagchi, Advs.

versus M/S GOYAL GENERAL STORE & ANR. .....Respondents Through: None HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

JUDGEMENT

PURUSHAINDRA KUMAR KAURAV, J. (ORAL)

1. The present petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 (the 1996 Act) by the petitioner, seeking appointment of an Arbitrator to adjudicate upon the dispute(s) in terms of clause 12 of the Loan-cum-Guarantee Agreement dated 07.07.2023. 2. The petitioner has filed affidavit of service which is as under:-

1. That I have been appointed as the advocate for the Petitioner in the present matter. I am fully conversant with the facts and circumstances of the present case on the basis of the records maintained by the Petitioner and am as such competent to swear to the present affidavit.

2. That the present affidavit is being filed in pursuance of the Order dated 09.01.2025 by which this Hon’ble Court was pleased to issue notice to the Signature Not Verified Signature Not Verified Digitally Signed By:PRIYA Digitally Signed Respondents in the present matter through all permissible modes.

3. That in compliance of the said Order dated 09.01.2025, the Respondents were served the notice of the present proceedings through Email, WhatsApp and Speed Post Heard learned counsel appearing on behalf of the parties.

4. That the following email address of the Respondents' is available as per the records of the Petitioner;

(i) lovekeshgoyal97@gmail.com

5. It is stated that service of the notice of the present proceedings on the above-mentioned email address of the Respondents was effected through the email id of my associate i.e., aman@sahaico.in. It is submitted that the said email dated 01.02.2025 was delivered to the aforesaid email id and has not bounced back. True copy of the email dated 01.02.2025 has been annexed herewith as Document-1.

6. That the following phone numbers with an active WhatsApp account of the Respondents are available as per the records of the Petitioner;-

(i) Account No. 1: +91 76961 00450 (ii) Account No.2: +91 98726 18103

7. It is stated that the service of the notice of the present proceedings on the WhatsApp accounts available on the above-mentioned numbers of the Respondents was effected through my office on 01.02.2025. I state that a copy of the summon issued by the Hon’ble Court and the Petition filed in the present matter have been delivered to the above-mentioned WhatsApp account of the Respondents. True copy of the service through WhatsApp dated 01.02.2025 on the aforesaid WhatsApp Account No. 1 of the Respondents has been annexed herewith as Document - 2. True copy of the service through WhatsApp dated 01.02.2025 on the aforesaid WhatsApp Account No. 2 of Respondent No. 1 has been annexed herewith as Document- 3.

8. That the Respondents were also served the notice of the present proceedings through speed post(s) dated 01.02.2025 on the following addresses of the Respondents available as per the records of the Petitioner:

(i) RESPONDENT NO. 1 MOHALLA GURUNANAKPURA, OPPOSITE POST OFFICE, SAHNEW AL ROAD, KIMA T RAI, DEHLON, LUDHIANA, PUNJAB -141 118 (ii) RESPONDENT NO. 2 DEHLON, LUDHIANA, PUNJAB -141 118 True copy of the speed post receipts dated 01.02.2025 have been annexed herewith as Document- 4 (Colly.).

9. That the tracking report of the speed post dated 01.02.2025 sent to the Signature Not Verified Signature Not Verified Digitally Signed By:PRIYA Digitally Signed above address of Respondent No.1 indicates that the speed could not be delivered to the addressee with the remarks “Items Returned Refused”. True copy of the tracking report of the speed post sent to the address of Respondent No. 1 has been annexed herewith as Document -5.

10. That the tracking report of t