Research › Search › Judgment

Bombay High Court · body

2026 DAILYLAW 12644 (BOM)

Union of India AND ANR v. Ex Aircraft Chaudhary RT

IA/6579/2026 · 2026-09-29

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

(8)-IA-6579-26.doc PANCHAL IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 6579 OF 2026 IN WRIT PETITION (STAMP) NO. 36495 OF 2025 Through Station Commander Air Force Station, Kalina Military Camp, Santacruz (E), Mumbai 400029 ...Applicant IN THE MATTER BETWEEN Union of India & Anr. ...Petitioners Versus Ex Aircraftman Chaudhary RT ...Respondent ... Ms. Anamika Malhotra, for the Applicant. ... CORAM : MAHESH CHANDRA TRIPATHI, CJ. & ADVAIT M. SETHNA, J. DATE : 29th SEPTEMBER, 2026. P.C.: INTERIM APPLICATION NO. 6759 OF 2026 1. Heard the learned Counsel for the Applicant. The learned Counsel for the Applicant submits that due to some unavoidable circumstances, steps could not be taken well within time to rectify the objections/discrepancies as highlighted by the Registry. He submits that within two weeks, all such objections shall be removed. The learned Counsel for the Applicant further submits that a delay in filing this Application may kindly be condoned. 1 BALAJI GOVINDRAO PANCHAL Digitally signed by BALAJI GOVINDRAO PANCHAL Date: 2026.09.30 10:33:06 +0530 (8)-IA-6579-26.doc 2. For the reasons stated in the Interim Application, delay in filing the Application is condoned. Accordingly, Interim Application is allowed in terms of prayer clause (a). The order dated 4th March, 2026 stands recalled qua the Writ Petition and the Writ Petition is restored to its original file, subject to removal of all office objections/defects, if any, within a period of two week from date of uploading of this order. WRIT PETITION (STAMP) NO. 36495 OF 2025 3. In the instant Writ Petition, the Petitioners, inter alia, pray for the following substantive relief : - "(b) This Hon'ble court may be pleased to issue a Writ of certiorari or any other appropriate Writ, Order or direction in the like nature, thereby quashing and setting aside the impugned order dated 22/08/2024 passed by the AFT (RB) in Original Application 56 of 2023;" 4. Learned Counsel for the Petitioner-Union of India while questioning the validity of the Order dated 22nd August, 2024 passed by the Armed Forces Tribunal, Mumbai Bench in Original Application No. 56 of 2023, has placed on record the Order dated 17th September, 2026 passed by the Division Bench of this Court in Writ Petition No. 11710 of 2026 (Union of India & Anr. vs. Ex 229835 Corporal M. A. Inamdar), wherein the Judgment and Order dated 16th April 2025 passed by the Armed Forces Tribunal, Mumbai Bench in Original Application No.60/2022 has been approved. 2 (8)-IA-6579-26.doc 5. As in identical facts, the Division Bench of this Court has already passed an Order in Writ Petition No. 11710 of 2026, which would be applicable to the given case, the learned Counsel for the Petitioners has conceded to that extent. 6. The instant Writ Petition stands Disposed Of in terms of the Order dated 17th September, 2026 (Supra). [ADVAIT M. SETHNA, J.] [CHIEF JUSTICE] 3