IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.366 of 2008 1. THE UNION OF INDIA through General Manager, N.F. Railway, Katihar 2. The Divisional Railway Manager (Works) Katihar Division, N.F. Railway, Katihar 3. The Senior Divisional Engineer (Lines) Katihar Division, N.F. Railway, Katihar 4. The Assistant Divisional Manager, Kishanganj, Sub Division 5. SSE (W) IOW Kishanganj, Sub Division, N.F. Railway, Kishanganj Versus M/S ARJUN SINGH & CO. At & Po Bihat, District Begusarai, Bihar through its partner Arjun Singh son of Sri Ram Kishore Singh resident of village Bihat PO Bihat, District Begusarai. ----------- 4 16-09-2009 Heard learned counsel for the appellants. Nobody appears on behalf of the respondent. Through IA no. 5575/09 the appellants have made a prayer to permit the appellants to withdraw this appeal in view of annexure-1 to the said I.A. A perusal of annexure-1shows that it is a letter from respondent Company declining to execute the work in question on account of increase in the cost of materials. Some request has been made in that letter for payment of bill for the work done. Considering the entire facts and circumstances, the prayer of the appellants to withdraw this appeal is allowed. The appeal is dismissed as withdrawn. BKS/- (Shiva Kirti Singh, J.) (Jyoti Saran, J.)