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Judgment
This petition was filed on 17.10.2016. Now, in view of law laid down by the Apex Court in case State of West Bangal Vs. Associate Contractor, reported in (2015) 1 SCC 32, learned counsel for petitioner Mrs. Jyotsna Rewal Dua, Senior Advocate, under instructions of Ms. Shalini Thakur and Ms. Charu Bhatnagar, Advocates seeks liberty to withdraw this petition for filing before appropriate Court having jurisdiction to adjudicate the same, with benefit of exclusion of time spent in pursuing matter in this Court, available under Section 14 of Limitation Act for calculation of limitation period.
In view of law laid down by Apex Court in case State of West Bangal Vs. Associate Contractor, reported in (2015) 1 SCC 32 Arbitration case is permitted to be withdrawn with liberty to file the same before appropriate Court having jurisdiction to adjudicate the same.
Needless to say that petitioner shall be entitled for the benefit of Section 14 of the Limitation Act in consonance with ratio of law, laid down by the Apex Court in cases State of Goa Vs. Western Builders, reported in (2006) 6 SCC 239, Consolidated Engineering Enterprises Vs. Principal Secretary, Irrigation Department and others, reported in (2008) SCC 169 and Commissioner, M.P. Housing Board and Others Vs. M/S. Mohanlal and Company decided vide judgment dated 19.07.2016 passed in Civil Appeal No. 6573 of 2016 (Arising out of S.L.P.(C) No. 39511 of 2013. Petition stands dismissed as withdrawn in above terms alongwith pending applications.