Calcutta High Court (Appellete Side)
Hav/X-Ra Satish Kumar vs Union Of India And Others on 13 March, 2013
Author: Nishita Mhatre
Bench: Nishita Mhatre
1
18 13.3.13
rpan Ct. No.17 W.P.C.T. No.78 of 2013
In the matter of: Hav/X-RA Satish Kumar
- Petitioner
Vs.
Union of India and Others
- Respondents
Mr. Subhash Chandra Hazra ... for the Petitioner Mr. Manoj Malhotra ... for the Respondents The writ petition has been filed against the order passed by the Armed Forces Tribunal, Regional Bench, Kolkata in application No. OA-4 of 2013. From the order it appears that because there was certain defects in the application the learned advocate, Mr. Hazra prayed that the application be treated as withdrawn with liberty to the applicant to re-file the same after removing the defects. Accordingly, this liberty was granted by the Tribunal to the applicant.
However, today Mr. Hazra states before us that he did not pray for withdrawal of the application before the Tribunal. There are no pleadings in the writ petition to that effect. In case the order of the Tribunal has not been recorded correctly then it is for the petitioner to first have the order reviewed by the Tribunal. There is no dispute that the power of review has been granted to the Tribunal under the Armed Forces Tribunal Act, 2007.
In these circumstances the petition is dismissed.
(Nishita Mhatre, J.) (Anindita Roy Saraswati, J.)