"[2026:RJ-JP:3336] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Arbitration Application No. 142/2024 M/s Graintech Foods (India) Pvt.ltd., A Company Incorporated Under The Provisions Of The Companies Act, 1956 Having Its Registered Office At C-119, Lal Kothi Scheme, Opp. Vidhan Sabha, Jaipur 302015 Through Its Director Mr. Sharad Agarwal ----Applicant Versus Rajasthan State Beverages Corporation Ltd., A Government Of Rajasthan Undertaking, Having Its Office At 5Th Floor, CoEERA Bhawan, Near Aranya Bhawan, Jaipur, And Also At 1St Floor, D-Block, Vitta Bhawan, Janpath, Jaipur, Rajasthan (302005) Through Authorized Representative. ----Respondent Connected With S.B. Arbitration Application No. 143/2024 M/s Graintech Foods (India) Pvt. Ltd., A Company Incorporated Under The Provisions Of The Companies Act, 1956 Having Its Registered Office At C-119, Lal Kothi Scheme, Opp. Vidhan Sabha, Jaipur-302015 Through Its Director Mr. Sharad Agarwal. ----Applicant Versus Rajasthan State Beverages Corporation Ltd., A Government Of Rajasthan Undertaking, Having Its Office At 5Th Floor, CoEERA Bhawan, Near Aranya Bhawan, Jaipur And Also At 1St Floor, D-Block, Vitta Bhawan, Janpath, Jaipur, Rajasthan(302005) Through Authorized Representative. ----Respondent S.B. Arbitration Application No. 144/2024 M/s Graintech Foods (India) Pvt. Ltd., A Company Incorporated Under The Provisions Of The Companies Act, 1956 Having Its Registered Office At C-119, Lal Kothi Scheme, Opp. Vidhan Sabha, Jaipur-302015 Through Its Director Mr. Sharad Agarwal. ----Applicant Versus Rajasthan State Beverages Corporation Ltd., A Government Of Rajasthan Undertaking, Having Its Office At 5Th Floor, CoEERA Bhawan, Near Aranya Bhawan, Jaipur, And Also At 1St Floor, D-Block, Vitta Bhawan, Janpath, Jaipur, Rajasthan(302005) Through Authorized Representative. ----Respondent S.B. Arbitration Application No. 145/2024 M/s Graintech Foods (India) Pvt. Ltd., A Company Incorporated Under The Provisions Of The Companies, Act, 1956 Having Its Registered Office At C-119, Lal Kothi Scheme, Opp. Vidhan Sabha, Jaipur-302015 Through Its Director Mr. Sharad Agarwal. ----Applicant Versus Printed from counselvise.com [2026:RJ-JP:3336] (2 of 4) [ARBAP-142/2024] Rajasthan State Beverages Corporation Ltd., A Government Of Rajasthan Undertaking, Having Its Office At 5Th Floor, CoEERA Bhawan, Near Aranya Bhawan, Jaipur, And Also At 1St Floor, D-Block, Vitta Bhawan, Janpath, Jaipur, Rajasthan(302005) Through Authorized Representative. ----Respondent S.B. Arbitration Application No. 148/2024 M/s Graintech Foods (India) Pvt. Ltd., A Company Incorporated Under The Provisions Of The Companies Act, 1956 Having Its Registered Office At C-119, Lal Kothi Scheme, Opp. Vidhan Sabha, Jaipur 302015 Through Its Director Mr. Sharad Agarwal ----Applicant Versus Rajasthan State Beverages Corporation Ltd., A Government Of Rajasthan Undertaking, Having Its Office At 5Th Floor, CoEERA Bhawan, Near Aranya Bhawan, Jaipur, And Also At 1St Floor, D-Block, Vitta Bhawan, Janpath, Jaipur, Rajasthan (302005) Through Authorized Representative. ----Respondent S.B. Arbitration Application No. 149/2024 M/s Graintech Foods (India) Pvt. Ltd., A Company Incorporated Under The Provisions Of The Companies Act, 1956 Having Its Registered Office At C-119, Lal Kothi Scheme, Opp. Vidhan Sabha, Jaipur-302015 Through Its Director Mr. Sharad Agarwal. ----Applicant Versus Rajasthan State Beverages Corporation Ltd., A Government Of Rajasthan Undertaking Having Its Office At 5Th Floor, CoEERA Bhawan, Near Aranya Bhawan, Jaipur, And Also At 1St Floor, D-Block, Vitta Bhawan, Janpath, Jaipur, Rajasthan (302005) Through Authorized Representative. ----Respondent For Applicant(s) : Mr. Gunjan Pathak with Mr. Aditya Bohra For Respondent(s) : Mr. Vishvesh Gupta Kishan Swami HON'BLE THE ACTING CHIEF JUSTICE MR. SANJEEV PRAKASH SHARMA Order 23/01/2026 1. Rajasthan State Beverages Corporation Ltd. had issued a tender on 03.07.2017 inviting online bids to outsource the work of loading and unloading of IMFL/FMFL cartons at 40 depots situated various districts of Rajasthan. Printed from counselvise.com [2026:RJ-JP:3336] (3 of 4) [ARBAP-142/2024] 2. The applicant submitted its bid on 25.07.2017 and being a successful bidder was allotted the tender. Work order(s) were executed on the basis of the work done, monthly invoices were raised and the operational creditor raised 152 invoices amounting to Rs. 31,51,97,599/- for the period from 2017-19. 3. It is stated that demand raised for the fixed deposit money of Rs. 27,23,000/- was paid on 28.11.2020. An amount of Rs. 11,73,220/- was received on 02.08.2021. 4. Thus, the corporate debtor has only made payment of Rs.27,68,43,905/- and a sum of Rs.3,02,56,249/- is still pending to be paid along with interest. The applicant has thus set up a claim of Rs.6,34,43,492/-. 5. The objection on part of the respondents is solely of limitation and claim to be barred thereto. 6. Learned counsel submits that the allotted invoices pertain to the period 2017-19 while the arbitration clause has been invoked in the year 2024, much beyond three years limitation period. 7. The applicant’s withdrawal of the first legal notice on 03.07.2024 and subsequent re-invocation on 06.09.2024 would not be sufficient to take the applicants out of the limitation clause. 8. I have considered the submissions and find that the claim raised by the applicant is for the pending dues from the total claim which was initially raised for Rs.31,51,97,599/-. The claim is only for Rs. 6,86,09,943/- which calculates interest amount and is, therefore, filed with the objection raised of the limitation, would not apply as the last payments made to the applicant on 23.05.2022. Printed from counselvise.com [2026:RJ-JP:3336] (4 of 4) [ARBAP-142/2024] 9. Accordingly, the dispute has arisen between the parties and there is an arbitration clause which provides for adjudication. Owing to the said event having arisen, this Court deems it appropriate to appoint Hon'ble Mr. Justice Narendra Singh Dhaddha (Former Judge, Rajasthan High Court) resident of 705, Navkar Residency, Jai Singh Highway, Bani Park, Jaipur as sole Arbitrator. 10. The sole Arbitrator shall be paid fee in accordance with the Fourth Schedule of the Arbitration and Conciliation Act, 1996 (for short ‘the Act’), as amended. The fee of the arbitrator will be equally borne by both the parties. 11. The arbitrator is requested to complete the proceedings as per time limit specified under Section 29A of the Act. 12. The arbitration applications are allowed accordingly. 13. Copy of this order be sent to the appointed arbitrator. 14. A copy of this order be placed in each application. (SANJEEV PRAKASH SHARMA),ACTING CJ Gaurav/Riya/9-14 Printed from counselvise.com "