Miti Kvr HIGH COURT OF CHHATTiSGARH AT BILASPUR RESPONDENT iSCELt.ANEOUS^APPEAL N0. 1008 OF 2004 M/s Modi Cement Company Ltd., (Now M/s Ambuja Cement Eastern Ltd.), P.0. Rawan, Tahsii Baloda Bazar, District Raipur (C.G.) Through Mr. Devanand Pandey, Dy. G.M. (P&A). Versus Union of India, Through General Manager, South Eastern Railway (Now South East Central Railway), Bilaspur APPEAL UNDER SECTION 23 QF^THE RAILWAY CLAIMS TRIBUNAL ACT. 1987 (Smale Bench: Hon'bie Mr. N.K. Aaarwal,A.l Present : Shri Ashish Shrivastava, counsel for the appeliant. Shri Amit Choudhary, counsel with Ms. Naushina Ai counsei for the respondent. (Passed on 20ih day ofApril, 2010) Shri Amit Choudhary along with h4s. Naushina Ali, ieamed counsel for the respondent referring to sub-section (1) orSection 23 of the Raiiways Claims Tribunal Act, 1987, have raised a preliminary objection about ihe maintainability of the present appeal before the High Court of Chhattisgarh as the impugned judgment has been passed by Bhopai Bench of Raiiways Claims Tribunai, which is iocated within the territorial jurisdiction of Madhya Pradesh High Court. 2. Shri Ashish Shrivastava, learned counse! for the appe!iant,in view of the preliminary objection, seeks permission to withdraw the appea! with She liberty of fiifng another appeal before the High Courtof Madhya Pradesh. 3. Permission granted. 4. With the above liberty, the appeal is dismissed as wlthdrawn. 5. The Registry is directed to return the certified copy of the impugned judgment to learned counsel for the appellant immediately. -LA_ Sd/- N.K. Agrawal Judge