IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. L.P.A. No. 153 of 2009 Date of Decision: March 18, 2009 M/s Shree Bala Ji Construction Co. ...Appellant Versus Punjab Water Supply & Sewerage Board and others ...Respondents CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MR. JUSTICE H.S. BHALLA Present: Mr. P.S. Rana, Advocate, for the appellant. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? M.M. KUMAR, J. This appeal filed under Clause X of the Letters Patent challenges order dated 17.2.2009 passed by the learned Single Judge dismissing C.W.P. No. 2554 of 2009. Learned counsel for the appellant states that the matter with regard to appointment of arbitrator, being Arbitration Case No. 70 of 2008, is pending before this Court, as has been averred in para 28 of the writ petition. The aforesaid factual position could not be brought to the notice of the learned Single Judge and, therefore, learned counsel prays for withdrawal of the writ petition. He also prays that order dated 17.2.2009 may not be considered to have been L.P.A. No. 153 of 2009 passed in the eyes of law in view of the fact that the writ petition itself is being withdrawn. After hearing learned counsel for the appellant we are of the view that once the remedy of arbitration has been invoked by the appellant then filing of the writ petition without bringing it to the specific notice of the learned Single Judge was not warranted. However, taking a lenient view, we allow the prayer made by the learned counsel for the appellant. Accordingly, the writ petition is permitted to be withdrawn and the order of the learned Single Judge is set aside. The appeal stands disposed of in the above terms. (M.M. KUMAR) JUDGE (H.S. BHALLA) March 18, 2009 JUDGE Pkapoor 2