Tata Capital Housing Finance Ltd v. Kamaljit Kaur Kaler

28 CARAP 649 OF 2025 (OS).DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION [COMMERCIAL DIVISION] COMMERCIAL ARBITRATION APPLICATION NO. 649 OF 2025 TATA Capital Housing Finance Ltd.

...Applicant

Versus

Kamaljit Kaur Kaler

...Respondent

Ms. Gilatar Minakshi Amara, Advocate for the Applicant.

CORAM:

MANJUSHA DESHPANDE, J.

DATED:

20 FEBRUARY 2026.

PC:- 1.

By earlier order dated 15.12.2025, this Court has observed that, the learned counsel for the Applicant states that the parties have settled the matter and payments are expected by the end of January 2026. In view thereof, the matter was directed to be listed on 10.02.2026.

The learned advocate appearing for the Applicant submits that since the payments are not made, the matter is not settled, hence submits that the matter needs to be worked out on its own merits. The learned advocate appearing for the Applicant places on record the affidavit of service stating that they have tried to serve the Respondent by private mode, however, the Respondent has refused to accept the notice and the it returned undelivered with a remark, Digitally signed by RAJESHRI PRAKASH AHER Date:

2026.02.21 16:01:51 +0530 "Refused". The affidavit of service is taken on record. RAJESHRI PRAKASH AHER Rajeshri Aher

28 CARAP 649 OF 2025 (OS).DOC 2.

In view thereof, issue notice to the Respondent, returnable on 27.03.2026.

(MANJUSHA DESHPANDE, J.) { Rajeshri Aher