MFA 30/2011 BEFORE THE HON’BLE MR. JUSTICE A.C.UPADHYAY Heard Mrs. U. Chakraborty, learned standing counsel, NF Railway for the appellan t-Union of India and Mr. A. Goyal, learned counsel representing the respondent. Mrs. U. Chakraborty, learned standing counsel for the appellant-Union of India i n her usual fairness has submitted that the instant appeal is covered by the rat io of the decision rendered by this Court on 19.05.2011 in MFA No. 33 of 2011 (U nion of India V. M/S. S. M. Enterprise). Therefore, learned standing counsel ha s submitted that appellant would not pursue the matter any further. Learned cou nsel for both the parties has submitted that the appeal may be disposed of accor dingly. In view of the above submission made by the learned counsel for both the partie s, nothing survives in this appeal for adjudication. Accordingly, the appeal fi led by the appellant stands dismissed. No costs.