Patna High Court
Reyazul AbedinversusAmeer Faiyaz alias Osama Faiyaz alias Ameer Meezan
- Decided
- Disposal
- DISPOSED
- Bench
- THE CHIEF JUSTICE
Holding
The petition is withdrawn as the petitioner is granted liberty to do so.
Summary
The petitioner, Reyazul Abedin, filed a request petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking the appointment of an arbitrator to resolve a property dispute with the respondents. The petitioner later contended that there was no arbitration clause or agreement between the parties to refer the matter to arbitration. Consequently, the petitioner requested liberty to withdraw the petition and pursue appropriate legal remedies. The Court examined the provisions of Section 11(6) and noted that a petition under the Act may be withdrawn if the petitioner no longer wishes to pursue arbitration. The Court granted the liberty sought, allowing the petitioner to withdraw the petition. The petition was consequently disposed of as withdrawn.
Issues considered
- Whether a request petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 can be withdrawn by the petitioner when there is no arbitration agreement.
Legislation cited
- Arbitration and Conciliation Act, 1996 — s. 11(6)
Subjects
- Arbitration
- Section 11(6)
- Petition withdrawal
- Property dispute
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
REQUEST CASE No.41 of 2025
======================================================
Reyazul Abedin Son of Shafiul Abedin, Resident of Flat No. 105, Taha
Apartment, Quasi Nagar, Phulwari Sharif, Police Station-Phulwari Sharif,
District-Patna, Pin Code-801505, duly constituted Attorney by General Power
of Attorney No. 174089 dated 08.01.2025 from Embassy of India, Dona
(Qatar) by Hena Qamar aged 33 years, Wife of Sarfrazul Abedin.
... ... Petitioner/s
Versus
1. Ameer Faiyaz alias Osama Faiyaz alias Ameer Meezan son of Md. Faiyaz
Ahmad, Resident of Plot No. 4/5, Flat No. 11, Second Floor, Kavita Colony,
Nagloi, West Delhi, Pin Code-110041.
2. Shazia Aftab alias Shazia Faiyaz, Daughter of Sheikh Ghazi Qamar alias
Aftab Ahmad, Resident of A-101, CIA, 3rd Floor, IGNOU Road, Paryavaran
Complex, Saket, Saidul Azaib, South Delhi, Pin Code-110030.
3. Satish Kumar, son of Dwarka Prasad, Resident of Nawab Manzil, Frazer
Road, Gurduwara Gali, Post Office-G.P.O., Police Station-Kotwali, District-
Patna, Pin Code-800001.
4. Kunal Kumar, son of Lal Babu Sharma, Resident of Panchsheel Nagar,
Kumhrar, Bahadurpur Housing Colony, District-Patna, Pin Code-800026.
... ... Respondents
======================================================
Appearance :
For the Petitioner/s : Mr. Nishant Kumar Sinha, Advocate
For the Respondent/s : Mr.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
ORAL JUDGMENT
Date : 13-02-2026
This Request Petition has been filed by the petitioner
under Section 11(6) of the Arbitration and Conciliation Act,
1996 with a prayer for appointment of Arbitrator to resolve the
dispute between the parties which has arisen on account of
property dispute.
2. The learned counsel for the petitioner fairly submits
that since there is no arbitration clause and there is also no
Patna High Court REQ. CASE No.41 of 2025 dt.13-02-2026
2/2
arrangement between the parties that the dispute is to be
resolved by the arbitrator, he seeks liberty to withdraw the
petition to seek appropriate remedy in accordance with law.
3. Liberty, as prayed for, is granted to the petitioner.
4. Accordingly, the petition is disposed of as
withdrawn.
(Sangam Kumar Sahoo, CJ)
shailendra/-
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