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Supreme Court - Daily Orders

Union Of India vs Nilesh Pathak on 17 June, 2020

Bench: L. Nageswara Rao, Krishna Murari, S. Ravindra Bhat

                                            IN THE SUPREME COURT OF INDIA
                                             CIVIL ORIGINAL JURISDICTION


                                        CIVIL APPEAL NO.2616 of 2020
                                             (@ Diary No(s).799/2020)


                UNION OF INDIA & ORS.                                           Petitioner(s)

                                                        VERSUS

                NILESH PATHAK & ORS.                                            Respondent(s)


                                                      O R D E R

Heard learned counsel for the parties. Leave to appeal is granted. Delay condoned.

We are not inclined to entertain this appeal filed under Section 31(1) of the Armed Forces Tribunal Act, 2007. The Civil Appeal is dismissed. However, the question of law is kept open.

Pending application(s), if any, shall stand disposed of.

....................J (L.NAGESWARA RAO) ....................J (KRISHNA MURARI) Signature Not Verified Digitally signed by BALA PARVATHI Date: 2020.06.19 ....................J 16:22:22 IST Reason: (S. RAVINDRA BHAT) NEW DELHI;

17th June, 2020.

ITEM NO.6        Virtual Court 5                  SECTION XVII

                S U P R E M E C O U R T O F       I N D I A
                        RECORD OF PROCEEDINGS

CIVIL APPEAL        Diary No(s). 799/2020

(Arising out of impugned final judgment and order dated       08-03-2019

in OA No. 41/2017 passed by the Armed Forces Tribunal) UNION OF INDIA & ORS. Petitioner(s) VERSUS NILESH PATHAK & ORS. Respondent(s) (FOR ADMISSION and IA No.22855/2020-CONDONATION OF DELAY IN FILING APPEAL and IA No.22856/2020-LEAVE TO APPEAL U/S 31(1) OF THE ARMED FORCES TRIBUNAL ACT, 2007 ) Date : 17-06-2020 This petition was called on for hearing today. CORAM :

HON'BLE MR. JUSTICE L. NAGESWARA RAO HON'BLE MR. JUSTICE KRISHNA MURARI HON'BLE MR. JUSTICE S. RAVINDRA BHAT For Petitioner(s) Ms. Madhavi Diwan, ASG Mr. Rajan Chaurasia Adv.
Ms. Aakanksha Kaul, Adv.
Mr. Arvind Kumar Sharma, AOR For Respondent(s) Mr. R.C. Mishra, Sr. Adv.
Mr Ananya Mishra Advocate Mr. Santosh Kumar Pandey, AOR UPON hearing the counsel the Court made the following O R D E R Leave to appeal is granted.
Delay condoned. The appeal is dismissed in terms of the signed order. Pending application(s), if any, shall stand disposed of.



     (B.Parvathi)                                (Anand Prakash)
     Court Master                                  Court Master

(Signed order is placed on the file)