^ ^' ^,,., ^, HIGH COURT OF CHHATTISGARHA1BELASBJB MtSCELLANEOUS APPEAL N0. 1007 OF 2004 Kvr APPELLANT : M/s Modi Cement Company Ltd., (Now M/s Ambuja Csment Eastern Ltd.), P.0. Rawan, Tahsli Baloda Bazar, District Raipur (C.G.) Through Mr. Devanand Pandey, Dy. G.y. (P&A). ^rsys RESPONDENT : Union of India, Through General Manager, South Eastern RaiSway (Now South East Centrai Raiiway), Biiaspur APPEAL UNDER SECTION 23 OF THE RA3LWAY CLAIMS TRSBUNAL ACT. 1987 (SlnaSe Bench: Hon'ble Mr. N.K. Aaarwa!. J.l Present : Shri Ashish Shrivastava, counsei for the appellant. Shri Amlt Choudhary, counse! with Ms. Naushina Aii, counsel for the respondent. ORAL ORDER (Passed on 20th day of April, 2010) Shrs Amit Choudhary atong with Ms. Naushina Aii, iearned counsei fbr tiie respondent referring to sub-section (1) of Section 23 of the Railways Clalms Tribunal Act. 1987, have ralsed a preliminary objection about the masntainability of the present appeal before the High Court of Chhattisgarh as the Impugned judgment has been passed by Bhopa! Bench of Raiiways Claims Tribunal, which Is located within the temtorial Jurisdiction of Madhya Pradesh Hlgh Court. 2. Shri Ashish Shrivastava, learned counsel for the appeflant, in view of the prefjminary objection, seeks permission to withdraw the appeal wlth the liberty of fiiing another appeai before the High Court of Madhya Pradesh. 3. Permission granted. 4. With the above liberty, the appeal is dismissed as withdrawn. / 5. The Registry is dlrected to return the certlfied copy of the impugned judgmentto learned counsej for the appeilant immediately. n"~—-—— 1 i il Sd/- I N.K.Agarwal 1 Judge