M-S Y.P.C. Dushad Construction J.V Through Shyam Lal Khandelwal v. The Chief Administrative Officer Cons./East Central Railway, Patna And ANR.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Appeal No.522 of 2014 ======================================================

1. M/s Y.P.C. Dushad Construction (J.V) through Shyam Lal Khandelwal RZG-538, Raj Nagar, Part-II, Palam Colony, New Delhi- 110045. .... .... Appellant/s

Versus

1. The Chief Administrative officer (cons.)/east Central Railway Mahendrughat, District- Patna, Bihar.

2. Dy. Chief Engineer (Cons.), East Central Railway, Dhanbad. .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Prabhakar Nath Rai For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 08-08-2017 Heard learned counsel for the appellant and perused the record.

Learned counsel for the appellant seeks permission to withdraw this appeal on the ground that a petition for setting aside the award under Section 34 of the Arbitration and Conciliation Act, 1996 is not maintainable before this Court, rather a petition to that effect has to be filed before the Court of learned District Judge, Patna.

Permission is granted.

Learned counsel for the appellant is permitted to withdraw this appeal with a liberty to file a petition under Section 34 of the Arbitration and Conciliation Act, 1996 before the proper

Patna High Court MA No.522 of 2014 (10) dt.08-08-2017 2/2 forum.

Accordingly, this appeal is dismissed as withdrawn. (Prakash Chandra Jaiswal, J) Trivedi/- U