TATA CAPITAL HOUSING FINANCE LIMITED vs MR. VIVIAN JOSEPH & ANR.

Judgment text excerpt

$~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 Signing Date:29.03.2025 By:PURUSHAINDRA 16:25:17 KUMAR KAURAV P-2. (C) Email dated January 27, 2025 timed at 03:39PM, from my official email address i.e., [email protected] to the email address of the Respondent i.e., [email protected]. 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 aff