Shailendra Kumar Sinha v. M/S Jagat Homes And Resort Private Limited

IN THE HIGH COURT OF JUDICATURE AT PATNA

REQUEST CASE No.39 of 2020 ====================================================== Shailendra Kumar Sinha, Son of Sri Birendra Kumar Sinha, an adult male, Resident of Krishnaangan, Near National Insurance Company (Raja Bazar Branch), P.S. - Shastri Nagar, P.O. - B.V. College, District- Patna (Bihar) At Present residing at House Number - 107, Patliputra Colony, District - Patna, Pin Code - 800013 (Bihar).

... ... Petitioner/s

Versus

1.

M/s Jagat Homes and Resort Private Limited, a company incorporated under the Indian Companies Act, 1956, Having its registered office situated at Room No. 13, 1st Floor, Jagat Smriti, Opposite Shiv Mandir, Khajpura, Bailey Road, Pin Code - 800014, Patna, Bihar (India). 2.

Pran Nath Singh, Son of Sri Jagat Narayan Sinha, an adult male, Director, M/s Jagat Homes and Resort Private Limited, Resident of Village - Murlichak, Khajpura, P.O. - B.V. College, Patna - 800014 (Bihar). ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sumeet Kumar Singh, Advocate For the Respondent/s :

Mr. J.S. Arora, Sr. Advocate Mr. Manoj Kumar, Advocate Mr. Ravi Bhatia, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 25-11-2020 Petitioner has prayed for the following relief(s): "For a request to this Hon'ble Court for appointment of Arbitrator in terms of Section 11(6) of the Arbitration & Conciliation Act, 1996, under the circumstances that the respondents have failed to adhere to the different terms and conditions of the agreement dated 06.04.2015 and have further failed to respond to the request for arbitration, made by the Petitioner vide notice dated 12.06.2019 sent through registered post on 12.06.2019."

It is seen that petition was contested inasmuch as

Patna High Court REQ. CASE No.39 of 2020(4) dt.25-11-2020 2/2 respondent has filed a counter affidavit.

Petitioner seeks permission to withdraw the petition reserving liberty to file a fresh petition on the same and subsequent cause of action.

Liberty granted reserving right to all the parties to take all pleas which would be available in a petition proposed to be filed subsequently or stand taken in this petition. Petition stands disposed of in the above terms. (Sanjay Karol, CJ) Ashwini/- U