IN THE HIGH COURT OF JUDICATURE AT PATNA REQ. CASE No.14 of 2007 M/S BISHNU ENTERPRISES Versus M/S EVE’S INN DIAGNOSTICS & ORS. ----------- 08/ 22.07.2008 Heard learned counsel for the petitioner and learned counsel for the opposite parties. This request case has been filed for appointment of arbitrator according to section 11 of the Arbitration Act as per the agreement between the parties dated 22.05.2003 (Annexure-1). It is quite apparent from a plain reading of the agreement that there is no arbitration clause therein and clause 20 thereof provides merely that the parties will endeavor mutually and amicably to redress their disputes. In the said circumstances, learned counsel for the petitioner seeks permission to withdraw this case in order to move before the authority concerned in accordance with the other provision of Arbitration Act, 1996. Accordingly, this petition is disposed of as withdrawn with a liberty to the petitioner to take recourse to any other provision of the said Act or general law and if any such application is filed and is time barred, the petitioner will be at liberty to file a petition before the concerned authority for condoning the delay which will be decided in accordance with law keeping in view the pendency of this case. harish (S.N. Hussain, J.)