“ORDER

08.03.2022

1. Learned counsel appearing for the petitioner has filed a memo for withdrawal of this writ petitionwith liberty to the petitioner to file appeal under Section 34 of the Arbitration & Conciliation Act, 1996. Consequently, the writ petition stands dismissed as withdrawnbut, however with liberty as prayed for”. (Emphasis Supplied)

After passing of the said order by this Court giving liberty to the Opposite Party No.1, admittedly the section 34 application under the Act, 1996 was presented before the District Judge, Sundargarh after 24 days from the date of the said order along with an application to condone the delay in view of the liberty granted by this Court. However, while filing such application for exclusion/condonation of delay, a wrong mention was made in the cause title that such application is being moved in terms of section 5 of the Limitation Act, though in para 5 of the said petition there is a reference to section 14 of the Limitation Act. Paragraph Nos.1 to 6 of the said petition, being relevant, are extracted below for ready reference.

“1. That by means of t