Ex-Cpl. Satyabir Singh vs Union Of India & Ors.
2012 Latest Caselaw 1995 Del

*              IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                       Date of Decision: 22nd March, 2012

+                         W.P.(C) NO.5859/1998

EX-CPL. SATYABIR SINGH                                   ...       Petitioner

                                     versus

Union of India & ORS.                                     .....Respondents

Advocates who appeared in this case:

For the Petitioner        :        Mr. Rakesh Dahiya, Advocate
For Respondents           :        Ms. Barkha Babbar, Advocate

CORAM:
HON'BLE MR. JUSTICE ANIL KUMAR
HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA

ANIL KUMAR, J.

+ CM APPL. NOS. 19576-19577/2011 IN WP(C) No.5859/1998

These are the applications seeking recall of the order dated 9.8.2011 dismissing the writ petition in default of appearance of the petitioner or his counsel and condonation of delay in filing the application seeking recall of said order.

Ms. Barkha Babbar, Advocate, appears on behalf of the respondents.

For the reasons stated in the applications, they are allowed and the delay in filing the application for recalling the order dated 9.8.2011 is condoned and the order dated 9.8.2011 is set aside and the writ petition is restored to its original number.

These applications stand disposed of.

+ WP(C) No.5859/1998 * Learned counsel for the parties state that after the promulgation of Armed Forces Tribunal Act, 2005 under Section 34 of the said Act, the jurisdiction in respect of the present controversy is with the Armed Forces Tribunal. Consequently, the matter is transferred to the Principal Bench, Armed Forces Tribunal.

Parties are directed to appear before the Registrar, Armed Forces Tribunal on 19th April, 2012.

The record of the writ petition be sent to the Tribunal forthwith.

ANIL KUMAR, J.

SUDERSHAN KUMAR MISRA, J.

MARCH 22, 2012 rd