IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16030 of 2008 SIWANI CONSTRUCTION PVT.LTD. through its managing Director Annu Shukla wife of vijay Kumar Shukla, R.O.V Naya Tola, P.s. Kaji Mohammadpur, District- Muzaffarpur. Versus 1. THE STATE OF BIHAR. 2. Special Secretary cum Commissioner Public Road Department Govt. of Bihar, Patna. 3. Engineer in chief, National Highway Division, Muzaffarpur. 4. Executive Engineer National Highway Division, N. 1 Muzaffarpur. ----------- 9 28.02.2011 1. Heard learned counsel for the petitioner. No one appears for the State. 2. This writ petition has been filed by the petitioner for a direction to the respondents to allow the petitioner to rescind his contract without forfeiting his security amount, because due to non- cooperation of the respondent, it was not possible to complete the work within a stipulated period, but even then the respondent had started deducting 10% amount for extension of time and fine. 3. Learned counsel for the petitioner seeks permission to withdraw the writ petition with a liberty to file an application before the Arbitral Tribunal which has been constituted under the 2 Arbitration and Conciliation Act 1991 by the State Government. 4. Accordingly, this writ petition is disposed of as withdrawn with the aforesaid liberty. Prakash ( S. Nayer Hussain, J.)