IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYNA AT CHANDIGARH. C.R. 7984 of 2011 Date of decision:- 24.1.2012 Punjab Urban Development Authority Petitioner vs. Sandeep Singh & others Respondent Present: Mr. Ashish Grover, Advocate. M.M.S.BEDI,J. The defendant- petitioner is aggrieved by the dismissal of an application u/s 34 of the Arbitration Act,1940 to resist a civil suit filed by the plaintiff- respondents. The said application has been dismissed vide impugned order dated 27.9.2011. When questioned about the maintainability of the application u/s 34 of the Act in view of the repeal of 1940 Act by Arbitration and Conciliation Act, 1986 and non filing of application u/s 8 of the new Act, counsel for the petitioner, on the instructions of his client, seeks permission to withdraw this revision petition with liberty to avail the legal remedy under the provisions of New Act. Dismissed as withdrawn with liberty to the petitioner to move all or any application for resisting the suit of the plaintiff- respondents, in accordance with law. It is made clear that the adjudication of earlier petition u/s 34 of the Arbitration Act, 1940, a non existing provision, will not prejudice the right of the petitioner. January 23 ,2011 ( M.M.S.BEDI ) TSM JUDGE