IC66506Y LT. COL. SUCHINDRA DWIVEDEE v. U.O.I. THRU SECY. MINISTRY OF DEFENCE NEW DELHI AND ORS.
WRIA/9019/2025 · 2025-08-12
Manjive Shukla, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 157634 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 157634 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:46978-DB Court No. - 1 Case :- WRIT - A No. - 9019 of 2025 Petitioner :- Ic66506y Lt. Col. Suchindra Dwivedee Respondent :- U.O.I. Thru Secy. Ministry Of Defence New Delhi And Ors. Counsel for Petitioner :- Ashok Kumar,Yatish Gupta Counsel for Respondent :- A.S.G.I. Hon'ble Rajan Roy,J. Hon'ble Manjive Shukla,J.
1. Heard learned counsel for petitioner and Sri S.B.Pandey, learned Senior Advocate/Deputy Solicitor General of India assisted by Sri Varun Pandey, learned counsel for respondents.
2. After hearing the parties and perusing the record, what comes out is that on 09.07.2025, MA No.485 of 2025 for earlier hearing was listed before the Armed Forces Tribunal at Lucknow, however, instead of confining itself to the said application while passing the order the interim relief prayer has been rejected. His submission is that the vires of provision under which maintenance has been granted to the petitioner's wife is under challenge before the Principal Bench of the Armed Forces Tribunal at New Delhi and therefore, there was no occasion to reject the interim relief application during pendency of the matter before the Principal Bench.
3. On being confronted, counsel for opposite parties fairly submitted that Tribunal should have confined itself to the listing application. The matter is already listed on 14.08.2025. We therefore, quash the impugned order dated 09.07.2025 but only in so far as the interim relief prayer has been rejected, meaning thereby interim relief application or prayer shall stand restored and would be considered at the appropriate stage as per law.
4. The petition is accordingly allowed. . (Manjive Shukla,J.) (Rajan Roy,J.) Order Date :- 12.8.2025 Renu/- Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench