Smt. Lalita Sinha, An Adult Female, v. Smt. Rekha Choudhary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

REQUEST CASE No.145 of 2019 ====================================================== Smt. Lalita Sinha, an adult female, Wife of Sri Vijay Kumar, Daughter of Ram Kishore Pd. Singh, Residence of East of BSIDC Colony (Grill Gali), Opp. A.N. College, Boring Road, Patna-800013. ... ... Petitioner/s

Versus

Smt. Rekha Choudhary, W/o Mr. P.K. Choudhary, Resident of 602 Kulhariya Palace, Ashok Rajpath, P.S. Pirbahore, District-Patna (Bihar). ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Chandrashekhar, Advocate Mr. Saket Gupta, Advocate Mr. Rahul Kumar, Advocate For the Respondent/s :

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 23-06-2020 On 2nd June, 2020, this Court had passed following order:

"As per office notes, notices issued to the sole-respondent stand served upon her personally.

Today, despite repeated calls, respondent has not entered appearance either directly or through her learned counsel.

In the interest of justice, matter is adjourned.

List on 22nd June, 2020."

Today despite repeated calls, none has entered appearance on behalf of the respondent.

Petitioner has prayed for the following relief :- "That the present application has been filed by the petitioners for a request to this Hon'ble Court for appointment of Arbitrator under Section 11 (6) of the Arbitration &

Patna High Court REQ. CASE No.145 of 2019(4) dt.23-06-2020 2/2 Conciliation Act, 1996, under the circumstances that the respondents have failed to adhere to different terms and conditions of the agreement dated 01.03.2015 and have further failed to respond to the request for arbitration, made by the petitioners vide notice dated 29.07.2019 sent through speed post/registered post on 29.07.2019."

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

Permission, as prayed for, is granted.

Period in pursuing the present petition shall be excluded for the purpose of limitation.

Accordingly, this application stands disposed off. (Sanjay Karol, CJ) P.K.P./- U