.^ m ,^,.; -m. i^>>-^rv HKSHCOURTOFCMHATTtSGARHATBIi-ASPUR MISCELJ-ANEOUS APPEAt.NO. 830 OF 2004 APPELLANT : M/s Modi <;ement Company Ltd., (Now M/s Ambiya Cement Eastern Ltd.), Through P. Biaskara Rao, Advisor (Comm), Modigram (Rawian), Batoda Bazar, District Raipur (C.G.) Versus RESPONDENT : Union of indja, Through General Manager, Soyth Eastern Railway (Now South East Central Rajlvray), Bilaspur APPEAL UNDERSECTION230FTHERAILWAYCLAIMS TRiBONAJ-AC1M98r fSinale Bench: Hon'ble Mr. N.K. Aaarwal. J.) Present : ShnAshishShrivasteva.GQunselforthoappeHant. Shri Amit Choudhary, co^ couhsei TQrtherespondent:. QRALORDER . (Passed on 20th dayoyApriJ, 2010) Shri Amit Choudhary alojig with Ms^^^^N^ counsel Tor the respondent referringi to sub-section (1) of S6ction23 of the Railways Cl^ims Tnbunai ^, 1987, have raised a preJiminaFy objection aboyt the maintainability of the present i appeaj before the High Court of Chhattisgarh as the impugned judgment has been passed by Bhopal Bench of Railways Claims Tribunal.whteh is located within thetemtoriat jurisdiGtion of Madhya Pradesh High Coyrt. \-. . . , ... : \ :'' 2. Shri Ashish SHrlvastava, leamed eounsel for the appeliant, in view of the pretirnjnary objection, seeks permission to withdraw the appeal with the tiberty of Tiling another appealbefore the High Court of MadhyaPradesh. 3. Permissjon granted. 4. With theabove liberty, the appeat isdlismjssedaswithdrawn. 5. The Registry is djrected to return the certified copy of the impugned judgment to learned counsel fpr the appellantimmedratelv. Kvr Sd/- N. K. Agarwal Judge