Neutral Citation No. 2026:JHHC:10605 IN THE HIGH COURT OF JHARKHAND AT RANCHI Arbitration Application No. 08 of 2026 ABS General Solutions India Private Limited (formerly known as ABS Fujitsu General Private Limited and ABS Aircon Engineers Private Limited) a company duly incorporated under the provisions of the Companies Act, 1956, bearing CIN U05190KA2005PTC035982, having registered office at No. 63/4, Basava Sadana, Yadava College Road, Madhavanagara, Off Racecourse Road, PO & PS Seshadripuram, District Bengaluru, Karnataka-560001, represented through its authorized representative, Mr. Debajyoti Dey, S/o Dilip Kumar Dey, aged about 57 years, R/o FL-15/3/A2, 49C, Gobindapur Road, Lake Gardens, PO Gobinda Khatick Road, PS Tangra, District Kolkata, West Bengal-700045. ... Petitioner Versus Vijeta Projects & Infrastructures Limited, a company duly incorporated under the Companies Act, 1956, bearing CIN U45200JH1990PLC003842, having its registered office at West Morabadi Maidan, PO Morabadi, PS Bariatu, District Ranchi, Jharkhand-834008, through its Whole-Time Director. ... Respondent --------- CORAM: HON’BLE THE CHIEF JUSTICE --------- For the Petitioner: Mr. Abhishek Choudhary, Advocate Mr. Aalok Kumar, Advocate For the Respondent: Mr. K. Hari, Advocate Mr. Prakhar Harit, Advocate --------- 02/Dated: 10.04.2026 1. Heard learned counsel for the parties. 2. This is an application seeking appointment of an Arbitrator by invoking Section 11 of the Arbitration and Conciliation Act, 1996 (said Act). 3. Disputes have arisen between the parties. Clause 7 of the Agreement between the parties from which the disputes have arisen Neutral Citation No. 2026:JHHC:10605 contains an arbitration clause. Therefore, the existence of arbitration clause cannot be doubted. 4. Mr. K. Hari, learned counsel for the respondent, however, submits that the claims raised by the applicant, apart from being incorrect, are stale and hopelessly barred by the law of limitation. 5. This position is disputed by Mr. Abhishek Choudhary, the learned counsel for the applicant. 6. At the stage of deciding an application under Section 11 of the said Act, this Court is not required to go into the issue of whether the claims are barred by limitation. This issue, together with all other issues or objections that the respondent might have, is left open to be raised before the Arbitral Tribunal. 7. Accordingly, the parties are referred to arbitration by Hon’ble Mr. Justice Gautam Kumar Choudhary, a Former Judge of this Court, who shall act as a Sole Arbitrator in the matter for resolving the dispute that has arisen between the parties. 1. Accordingly, this Arbitration Application is disposed of by passing the following orders: - A. Hon’ble Mr Justice Gautam Kumar Choudhary, a Former Judge of this Court, presently residing at Flat No. 301, Nirvana Apartment, Opposite Tagore Hill, Morabadi, Ranchi, PIN- 834008 [email-gautamhcranchi@gmail.com] is hereby appointed as the Sole Arbitrator to adjudicate upon the disputes and differences between the parties Neutral Citation No. 2026:JHHC:10605 arising out of and in connection with the agreement referred to above. B. All contentions and objections on behalf of the respondents are left open for decision by the Arbitral Tribunal so constituted. C. A copy of this order should be communicated to the learned Sole Arbitrator by the advocate for the applicant within two weeks from today. The applicants shall provide the parties' contact and communication particulars to the Arbitral Tribunal, along with a copy of this order. D. The learned Sole Arbitrator is requested to forward the statutory statement of disclosure under Section 11(8) read with Section 12(1) of the said Act to the parties within a period of two weeks from the receipt of a copy of this order; E. The parties shall appear before the learned Sole Arbitrator on such date and at such place (at Ranchi, Jharkhand) to obtain appropriate directions with regard to the conduct of the arbitration, including fixing a schedule for pleadings, examination of witnesses, if any, schedule of hearings, etc. F. At the above-referred meeting, the parties shall provide a valid and functional email address, along with the mobile numbers of the respective advocates of the parties, to the Arbitral Tribunal. Communications to such email addresses Neutral Citation No. 2026:JHHC:10605 shall constitute valid service of correspondence in connection with the arbitration and; G. All arbitral costs and fees of the Arbitral Tribunal shall be borne by the parties equally in the first instance, and shall be subject to any final Award that may be passed by the Tribunal in relation to the costs. 8. It is clarified that nothing in this order is an expression or an opinion on the merits of this matter. The Arbitral Tribunal now appointed shall issue directions to the parties on how to proceed further in the matter. 9. The Arbitration Application is disposed of in the above terms without any order for costs. Pending I.A.s, if any, stand disposed of. All concerned can act on an authenticated copy of this order. (M. S. Sonak, C.J.) April 10, 2026 N.A.F.R. Manoj/Sharda/Cp.2 Uploaded on 16.04.2026