Section 38 in Bihar Public Works Contracts Disputes Arbitration Tribunal Regulations, 2009
38. Withdrawal and adjustment of references.
(1)At any time after the institution of a reference, the petitioner may as against all or any of the respondents abandon his reference or abandon a part of his claim.(2)Where the Tribunal is satisfied :-(a)That a reference must fail by reason of some formal defect, or(b)That if there are sufficient grounds for allowing the petitioner to institute a fresh reference for the subject matter of such reference or part of a claim, it may, on such terms as it, thinks fit, grant the petitioner permission to withdraw from such reference or such part of the claim with liberty to institute a fresh reference in respect of the subject matter of such reference or such part of the claim.(3)Where the petitioner :-(a)Abandons any reference or part of claim under sub-regulation (1);or(b)Withdraws from a reference or part of a claim without the permission referred to in sub regulation (2); he shall be liable for such costs as the Tribunal may award and shall be precluded from instituting any fresh reference in respect of such subject matter or such part of the claim.
