CARS 24 FINANCIAL SERVICES PRIVATE LIMITED vs SIRAJ ALI PROPRIETOR OF M/S SIRAJ CAR BAZAR & ANR.

Judgment text excerpt

$~O-5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 1977/2024 Date of Decision: 27.03.2025 IN THE MATTER OF: CARS 24 FINANCIAL SERVICES PRIVATE LIMITED .....Petitioner Through: Mr. Anurag Arora, Adv. versus SIRAJ ALI PROPRIETOR OF M/S SIRAJ CAR BAZAR & ANR. .....Respondents Through: None. HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV JUDGEMENT PURUSHAINDRA KUMAR KAURAV, J. (ORAL) 1. The petitioner has placed on record a service affidavit, which reads as under:- “2. That I state that the deponent has served the copy of the notice along with the copy of the petition upon the Respondent No.2 through speed post. That the summons along with the copy of petition were duly served upon the Respondents on 01.03.2025. The proof of service by post has been annexed herewith. 3. That I state that, in addition, the deponent has also served the copy of the notice along with the copy of the petition upon the RespondentNo.2 at his Whatsapp +91 +91 9997860176 The proof of service has already been annexed herewith. 4. That state that the Respondents have been duly served.” Signature Not Verified Signature Not Verified Digitally Signed By:PRIYA Digitally Signed Signing Date:29.03.2025 By:PURUSHAINDRA 16:25:17 KUMAR KAURAV 2. The office report also indicates that the service through mail was effected on the respondents, even the track report placed on record by the petitioner would indicate that the service through speed-post was also effected on the respondents. 3. Despite the aforesaid, no one appears for the respondents. The service deems to have been completed. 4. The petitioner is a non-banking financial company and is registered as a private limited company. The petitioner appears to have extended the credit facility to the respondents and accordingly, an agreement i.e. Credit Fa