$-5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 223/2025 Date of Decision: 08.05.2025 IN THE MATTER OF:

M/S MONEYWISE FINANCIAL SERVICES PVT. LTD .....Petitioner Through: Ms. Preeti Kumari, Advocate.

versus MK TRADERS THROUGH ITS PROPRIETOR AND ANR .....Respondent Through:

HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

JUDGEMENT

PURUSHAINDRA KUMAR KAURAV, J. (ORAL)

1. Affidavit of service reads as under:

“1. That I am the Counsel of the Petitioner Company in the present petition and as such I am fully competent to swear this affidavit.

2. That the notice issued by the Hon’ble Delhi High Court all the Respondents on behalf of the Petitioner Company through e-mail mictrade1am2018@gmail.com, mictradercam2018@gmail.com, mictradecan2018@gamil.com, mktradersldh2018@gamil.com, on 22.04.2025 via e-mail i.e advocatepreetyllm@gmail.com. It is submitted that mail sent Signature Not Verified Signature Not Verified Signed By:DEEPAK Signed to email id. mictradercam2018@gmail.com, mictradecan2018@gmail.com and mictrade1am2018@gmail.com are bounced back. However, notices were duly served upon to the respondents on email id. i.e. mktradersldh2018@gmail.com. The copy of the e-mail is annexed herewith as Annexure A.

3. That I have also served the copy of notice through my whatsapp mobile No.9711615978 to the mobile no of the respondent i.e. 7837777754. The copy of the screenshot is annexed herewith as Annexure B.

4. That notice issued by this Hon’ble Delhi High Court were duly served to the Respondent No.1 on behalf of the Petitioner Company via speed post and Courier to the following addresses:

5. That I have sent the notice issued by this Hon’ble Court to the Respondent No.2 on behalf of the Petitioner Company via Speed post and Courier to the following addresses:

6. That the Postal Receipts, Courier Receipts along with Signature Not Verified Signature Not Verified Signed By:DEEPAK Signed their tracking reports are annexed herewith Annexure C.”

2. A perusal of affidavit shows that the respondents refused to accept service. It is also submitted by the learned counsel that the email and whatsapp number on which notice was additionally sent are forming the part of the loan agreement.

3. The facts of the case indicate that, the petitioner is a registered Non- Banking Financial Company (NBFC) incorporated under the provisions of the Companies Act, 1956 having its office situated at 11/6 B Shanti Chambers, Pusa Road, New Delhi - 110005. The petitioner is engaged in the business of making loans against property, unsecured business and personal loans, SME receivables, medical equipment and IPO financing to meet the growing credit requirement of its customers globally. According to the petitioner, respondent No.1, who is stated to be engaged in the business of wholesale trading of rice and pulses under the name and style of MK Traders, with its registered office at B, IX-1469, Mandi Bagh Bute Shah, 26 Punjab, Bute Shah Mandi, Ludhiana, Punjab – 141008, approached the petitioner seeking a loan facility. It is further submitted that respondent No.2, Mr. Naveen Aggarwal, the husband of Respondent No.1, along with respondent No.1, was jointly responsible for the day-to-day management and business affairs of the said concern.

4. The plaintiff avers that the respondents requested a loan facility of Rs.25,22,323/- (Rupees Twenty-Five Lakhs Twenty-Two Thousand Three Hundred and Twenty-Three only) for the purpose of business expansion, and assured the plaintiff of timely repayment along with applic