The High Court disposed of a writ petition noting the petitioner had an alternate efficacious remedy under the Armed Forces Tribunal Act. The petitioner was granted liberty to withdraw and approach the Tribunal, with all contentions kept open.
Writ Petition disposed with liberty to approach Armed Forces Tribunal; contentions kept open.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
7.wp.12915.19.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 12915 OF 2019
Cdr. Vijaykumar B. Patil (Retd)… Petitioner
Versus
Union of India & Ors. …Respondents
Mr. Kandrap Trivedi a/w Shyam Dewani and Chirag Chanani i/b
Dewani Associates for the Petitioner.
Ms. Anjali Helekar with Mr. Ashutosh R. Gole with Anu Kaladharan for
Respondent No.2.
Mr. Durgaprasad Halwai i/b Singh & Co. for Respondent No.3.
Ms. S.S. Bhende, A.G.P. for the Respondent-State.
CORAM : K.K. TATED &
R.I. CHAGLA, JJ.
DATE : 17th JUNE, 2021.
(V.C.)
P.C. :-
1Heard learned Counsel for the parties.
2In the order dated 06.04.2021 this Court recorded the
objections raised by the learned Advocate for Respondent Nos.1 and 2
that the Petitioner have alternate efficacious remedy under the Armed
Forces Tribunal Act, 2007.
Waghmare
1 / 2
7.wp.12915.19.doc
3When this Court declined to entertain the present Writ
Petition on the ground of alternate efficacious remedy, the learned
Advocate for the Petitioner submits that the Petitioner may be
permitted to withdraw the present Writ Petition and approach the
Armed Forces Tribunal for the same cause of action. Same is accepted.
Hence the following order is passed :
i) Writ Petition stands disposed of with liberty to the
Petitioner to approach Armed Forces Tribunal for the
same cause of action.
ii)Parties to act upon the authenticated copy of this
order.
iii) All contentions of both the parties are kept open.
( R.I. CHAGLA, J. ) ( K.K. TATED, J. )
Waghmare
2 / 2
1 issue framed by the court
Whether the petitioner should be permitted to withdraw the writ petition to approach the Armed Forces Tribunal for alternate efficacious remedy.
Cdr. Vijaykumar B. Patil (Retd)
Union of India
R.I. CHAGLA
K.K. TATED
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court