AGK AGK AGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FERA APPEAL NO.46 OF 2008 WITH CIVIL APPLICATION NO.1657 of 2008 Ashok Chhajed ..Appellant. V/s. Union Of India & Others ..Respondents. Mr.Vikram Nankani with Mr.Chokawala i/by M/s.Nankani & Associates for the appellant. Mr.Y.R. Mishra with Mr.D.A. Dubey for respondent No.1. CORAM : D.K. DESHMUKH & J.P. DEVADHAR, JJ. DATED : 22ND OCTOBER, 2008. P.C. : 1. The appellant by this appeal challenges the order passed by the Appellate Tribunal for Foreign Exchange in Appeal No.577 of 2005 and 578 of 2005. One of the ground on which the order is challenged is that according to the appellant, the tribunal which decides the appeal had no power to decide the appeals. The appeals were filed by the appellant, therefore, we asked the learned counsel for the appellant that if according to the appellant his own appeals were not maintainable before the tribunal, he could have sought permission of the tribunal to withdraw the appeals. The learned counsel appearing for the appellant states that the appellant is willing to withdraw the appeals with liberty to present them before the appropriate forum. 2. In our opinion, as the appeals are filed by the appellant himself and it is the case of the appellant himself that the tribunal has no jurisdiction, in our opinion, following order would meet the ends of justice. 3. On a motion made by the learned counsel for the appellant, who was appellant before the tribunal in Appeal No.577 of 2005 and 578 of 2008, is permitted to withdraw the appeals with liberty to file them before appropriate forum. As a consequence of withdrawal of appeals, order dated 19-9-2008 passed by the tribunal in those appeals does not survive for consideration. 4. It is made clear that the authorities, before whom the appeals are presented by the appellant now, shall be free to make enquiry whether that forum has jurisdiction to entertain the appeals or not. 5. The appeal is disposed of in terms of this order with no order as to costs. 6. As the appeal itself is disposed of, nothing further survives for consideration in the civil application. The civil application is also disposed of. D.K. DESHMUKH, J. J.P. DEVADHAR, J.