ARB-484-2025 (O&M) and connected matters IN THE HIGH COURT OF PUNJAB AND HARYANA AT Abhiyan Capital (India) Private Limited Nemichand Kulhari and others Abhiyan Capital (India) Private Limited Mohan Singh and others Abhiyan Capital Pawan and others CORAM : HON’BLE MS. JUSTICE LAPITA BANERJI Present : Mr. for the petitioner None for the respondents. LAPITA BANERJI In the present petitions & Conciliation Act, 1996 (for short, ‘the sought the appointment of an Arbitrator. 2. Learned counsel appearing on behalf of the petitioner the attention of this Court to Clause 33 of the Loan Agreement from November, 2022. 3. Notice of motion was issued by a Coordinate Bench on August 21, 2025. Notice was also directed to be served by way of 4. Fresh notice appearing in ARB dasti process was also directed. 5. Vide order dated March 19, 2026 a Coordinate Bench recorded the following: 2025 (O&M) and connected matters Sr. No.213 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision : ARB Abhiyan Capital (India) Private Limited Versus Nemichand Kulhari and others ARB Abhiyan Capital (India) Private Limited Versus and others ARB Abhiyan Capital (India) Private Limited Versus and others HON’BLE MS. JUSTICE LAPITA BANERJI Mr. Deepak Jain, Advocate, for the petitioner(s). None for the respondents. *** LAPITA BANERJI, J. (Oral) In the present petitions under Section 11 tion Act, 1996 (for short, ‘the 1996 Act’) sought the appointment of an Arbitrator. Learned counsel appearing on behalf of the petitioner the attention of this Court to Clause 33 of the Loan Agreement November, 2022. Notice of motion was issued by a Coordinate Bench on August Notice was also directed to be served by way of Fresh notice was directed to be issued on the respondents appearing in ARB-490 of 2025 on January 09, 2026 process was also directed. Vide order dated March 19, 2026 a Coordinate Bench recorded the following:- 2025 (O&M) and connected matters IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision : 03.07.2026 ARB-484-2025 (O&M) …Petitioner ...Respondents ARB-485-2025 (O&M) …Petitioner …Respondents ARB-490-2025 (O&M) …Petitioner …Respondents HON’BLE MS. JUSTICE LAPITA BANERJI under Section 11(6) of the Arbitration 1996 Act’) the petitioners have Learned counsel appearing on behalf of the petitioner(s) draws the attention of this Court to Clause 33 of the Loan Agreement effective Notice of motion was issued by a Coordinate Bench on August Notice was also directed to be served by way of dasti process. was directed to be issued on the respondents on January 09, 2026. Service by way of Vide order dated March 19, 2026 a Coordinate Bench recorded VANDANA 2026.07.07 17:16 I attest to the accuracy and integrity of this document ARB-484-2025 (O&M) and connected matters “The report of the Registry is Notice issued to respondent No.1 to 3 in ARB No.490 of 2025 received back with the following reports: 1. 2. 3. 6. Since therefore, they were directed to 7. Vide order dated May 8, 2026, it has been recorded that despite service of notice on the respondents in ARB appeared to represent the respondents. Therefore, the respondents were directed to be 8. It was upon respondents No.1 and 2 through respondent No.3. 9. Respondent No. behalf of respondents No.1 and 2. appeared in ARB to be proceeded against respondents No.1 to 3 in ARB proceeded against 10. Today 2025, ARB-490 of 2025 came up for hearing, none represented. 11. Learned counsel appearing for the petitioner has placed the dispute resolution clause before this Court. He also submitted that notice under Section 21 of the 1996 Act 2025 (O&M) and connected matters The report of the Registry is as follows: Notice issued to respondent No.1 to 3 in ARB No.490 of 2025 received back with the following reports: 1. Not available at home, refusal by mother to accept the notice. 2. Not available at home, refusal by mother the notice. 3. Not available at home, refusal by wife to accept the notice. Dasti Notice collected have not been received back as served or otherwise.” ince respondents No. 1 to 3 refused to accept notice they were directed to be proceeded Vide order dated May 8, 2026, it has been recorded that despite service of notice on the respondents in ARB to represent the respondents. Therefore, the respondents were be proceeded against ex parte. It was recorded that in ARB-485- upon respondents No.1 and 2 through respondent No.3. Respondent No.3 accepted notice on its behalf and also on behalf of respondents No.1 and 2. However, none of the respondents in ARB-485-2025. Therefore, the said respondents were directed to be proceeded against ex parte. Vide order dated March 19, 2026 the respondents No.1 to 3 in ARB-490-2025 were already directed to be proceeded against ex parte. Today when three petitions being A 490 of 2025 came up for hearing, none Learned counsel appearing for the petitioner has placed the dispute resolution clause before this Court. He also submitted that notice on 21 of the 1996 Act dated June 2025 (O&M) and connected matters as follows:- Notice issued to respondent No.1 to 3 in ARB No.490 of 2025 received back with the following reports:- Not available at home, refusal by mother to accept the , refusal by mother-in-law to accept available at home, refusal by wife to accept the notice. Dasti Notice collected have not been received back as respondents No. 1 to 3 refused to accept notice, against ex parte. Vide order dated May 8, 2026, it has been recorded that despite service of notice on the respondents in ARB-484-2025, no one to represent the respondents. Therefore, the respondents were -2025, the notices were served upon respondents No.1 and 2 through respondent No.3. 3 accepted notice on its behalf and also on However, none of the respondents 2025. Therefore, the said respondents were directed . Vide order dated March 19, 2026 the 2025 were already directed to be petitions being ARB-484-2025, ARB-485- 490 of 2025 came up for hearing, none of the respondents are Learned counsel appearing for the petitioner has placed the dispute resolution clause before this Court. He also submitted that notice dated June 22, 2025 was duly served VANDANA 2026.07.07 17:16 I attest to the accuracy and integrity of this document ARB-484-2025 (O&M) and connected matters upon the respondents. day i.e. on June 22, 2025 in ARB 12. Since the respondents are not represented and this Court is satisfied as to the existence and validity due invocation of the arbitration proceedings by issuance of notice under Section 21 of the 1996 Act Tejinder Singh Chandigarh, Mobile No.7837049208 adjudicate upon the statutory requirements. 13. Liberty is granted to the parties to raise all claims, counter claims, defences, pleas etc. before the learned Arbitrator. 14. Needless to mention that all the questions arising between the parties shall remain open for determin any observation made hereinabove will not be binding on the learned Arbitrator. 15. A request letter along with a cop Justice (Retd.) Tejinder Singh Dhindsa. 16. With the directions afor ARB-490-2025 17. Pending application(s), if any, are accordingly disposed of. 18. A photocopy of this order be placed on the connected case file. July 03, 2026 Vandana Whether speaking/reasoned : Whether reportable 2025 (O&M) and connected matters upon the respondents. A corrigendum was also issued on the very same une 22, 2025 in ARB-484-2025 and the same was also served. Since the respondents are not represented and this Court is as to the existence and validity of the due invocation of the arbitration proceedings by issuance of notice under Section 21 of the 1996 Act, it appoints the Hon’ble Tejinder Singh Dhindsa, a former judge of this Court, H. No. Chandigarh, Mobile No.7837049208, 9815308888 upon the dispute between the parties, subject to compliance of atutory requirements. Liberty is granted to the parties to raise all claims, counter claims, defences, pleas etc. before the learned Arbitrator. Needless to mention that all the questions arising between the parties shall remain open for determination in the arbitral proceedings and any observation made hereinabove will not be binding on the learned A request letter along with a cop Justice (Retd.) Tejinder Singh Dhindsa. With the directions aforesaid ARB 2025 are disposed of. Pending application(s), if any, are accordingly disposed of. A photocopy of this order be placed on the connected case file. (LAPITA BANERJI) JUDGE 6 ther speaking/reasoned : Yes/No Whether reportable : Yes/No 2025 (O&M) and connected matters A corrigendum was also issued on the very same 2025 and the same was also served. Since the respondents are not represented and this Court is the arbitration clause as well as due invocation of the arbitration proceedings by issuance of notice under e Hon’ble Mr. Justice (Retd.) , a former judge of this Court, H. No.123, Sector 8, , 9815308888 as the sole Arbitrator to the dispute between the parties, subject to compliance of Liberty is granted to the parties to raise all claims, counter claims, defences, pleas etc. before the learned Arbitrator. Needless to mention that all the questions arising between the ation in the arbitral proceedings and any observation made hereinabove will not be binding on the learned A request letter along with a copy of this order be sent to Mr. ARB-484-2025, ARB-485-2025, Pending application(s), if any, are accordingly disposed of. A photocopy of this order be placed on the connected case file. (LAPITA BANERJI) JUDGE VANDANA 2026.07.07 17:16 I attest to the accuracy and integrity of this document