IN THE HIGH COURT OF JUDICATURE AT PATNA REQ. CASE No.19 of 2007 M/s Gammon India Ltd , a Company incorporated under the Indian Companies Act having its registered office at Gammon House, Veer Savarka Marg, Prabha Devi, Mumbai, Mumbai-400025 through its General Manager Sri J.L. Ashar. ………………Petitioner Versus 1. The State of Bihar through the Commissioner/cum-Secretary, Bihar, Patna. 2. The Commissioner, Water Resources Department, Govt. of Bihar, 3. The Engineer-in-Chief, Water Resources Department, Sinchai Bhawan, Patna. 4. The Chief Engineer, Water Resources Department, Bhagalpur. 5. The Executive Engineer, Water Resources Department, Kathara Tand Via Jhajha Datia, District Jamui. ----------- For the Petitioner : M/s Ram Balak Mahto, Sr. Advocate with Shyam Kishore Sharma, A. K. Sinha And Nilesh Kr. Nirala, Advocates. For the Opp. Parties: Mr. Anshuman Singh, J.C. to A.A.G. 3 ------------ 18/ 28.11.2008 Heard learned counsel for the petitioner (M/s Gammon India Limited) as well as learned counsel for the State of Bihar (opposite parties). Learned counsel for the petitioner submits that this request case has been filed in view of order dated 22.05.2006 passed by the learned sole Arbitrator Hon’ble Mr. Justice Bimlendu Narain Sinha and for review of the said order a petition has also been filed by the petitioner before the learned sole Arbitrator, which is pending. In this view of the matter, learned counsel for the petitioner seeks permission to withdraw this request case so that he may proceed with his petition for review pending before the learned sole Arbitrator and the learned sole Arbitrator may decide the same, which may be challenged by the aggrieved party before the appropriate forum in accordance with law. In view of the aforesaid submissions of the learned counsel for the petitioner, this request case is dismissed as withdrawn. MPS/ ( S. N. Hussain, J. ) - 2 -