$-4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 222/2025 Date of Decision: 08.05.2025 IN THE MATTER OF:

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

versus M/S ISHWARI HEALTH CARE PVT LTD AND ORS .....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 accounts@ishwarihealthcare.com, info@ishwarihealthcare.com, purchase@ishawarihealthcare.com, export@ishwarihealthcare.in, shatrughan@ishwarihealthcare.com on 06.05.2025 via e-

Signature Not Verified Signature Not Verified Signed By:DEEPAK Signed mail i.e advocatepreetyllm@gmail.com. The said e-mail has not bounced back and has been duly served upon the respondents. 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. 9820583410. 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 Petitoner Company via speed post and Courier to the following addresses:

Sr. No.	Address	Speed post	Courier
1.	52, Whispering Palm Center, Lokhandwala Township, Akurl i Road, Kandivali (E), Mumbai, Maharashtra-400101	SERVED	NOT SSERVED
2	Plant No. 7-7A, Building No.5, Shiv Shambhu Industrial Estate, OffNH 8, Valiv Vasai (E), District Thane, Maharashtra- 401208	NOT SERVED	NOT SERVED

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:

S.No.	Address	Speed post	Courier
1.	Flat No.1101, Eleventh Floor Tower No.1, Spring Grover, Building No.2, CTS No.17111A/60, Akurli Road, Kandiwali (E) Mumbai Maharashtra-400101.	NOT SERVED	NOT SERVED
2	6/B 702, Alika Nagar, Akurli Road, Near Lokanhndwala Foundation School, Lokhandwala Township, Kandiwali East, Mumbai, Maharashtra-400101	NOT SERVED	NOT SERVED

Signature Not Verified Signature Not Verified Signed By:DEEPAK Signed

6. That I have sent the notice issued by this Hon’ble Court to Respondent No.3 on behalf of the Petitioner Company via Speed post and Courier to the following addresses:

S.No. Address		Speed Post Courier
1	Flat No.1101, Eleventh Floor Tower No.1, Spring Grover, Building No.2, CTS No.17111A/60, Akurli Road, Kandiwali (E) Mumbai Maharashtra-400101.	NOT SERVED	NOT SERVED
2	6/B 702, Alika Nagar, Akurli Road, Near Lokanhndwala Foundation School, Lokhandwala Township, Kandiwali East, Mumbai, Maharashtra-400101	NOT SERVED	NOT SERVED

7. That the Postal Receipts, Courier Receipts along with their tracking reports are annexed herewith Annexure C.”

2. Learned counsel for the petitioner submits that the email ID on which the notice has been served is part of the Agreement. She also submits that whatsapp number has been obtained from various correspondences between the parties. As no one appears on behalf of the respondent, the Court proceeds to decide the matter on the basis of facts and averments made by the petitioner.

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 registered office at 11/6 B, Shanti Chambers, Pusa Road, New Delhi 110005. The petitioner asserts that it is engaged in providing a broad spectrum of loan services, including loans against property, unsecured business and personal loans, financing for SME receivables, medical equipment finan

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