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Judgment
The Court :- It is submitted by Mr. Reetobroto Mitra,learned Counsel appearing for the petitioner in this application under Section 34 of the Arbitration
and Conciliation Act, 1996 (in short “the Act of 1996â€) that since an application under Section 9 of the Act of 1996 had already been filed before
the learned District Judge at Suri, Birbhum in terms of Section 42 of the Act, this Court does not have the jurisdiction to entertain this application.
He, therefore, prayed for leave to withdraw this application with liberty to file a fresh application before the Court of competent jurisdiction. In view of
the above submission made on behalf of the petitioner, the application, being AP No. 238 of 2018 is allowed to be withdrawn and the petitioner will be
entitled to file a fresh application seeking similar relief before the appropriate Court in accordance with law.
Since the application, being AP No. 238 of 2018 stands withdrawn, the application, GA No. 688 of 2018 for condonation of delay which is not
appearing in the list, is treated as on the day’s list, and the same is also allowed to be withdrawn with liberty to file a fresh application before the
Court by competent jurisdiction.