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3. In pursuance of the Act, the Tribunal has been constituted at different places to adjudicate the dispute and to consider the grievance of the Arms Forces Personnel.

4. The counsel for the petitioner and the counsel for the Union of India have pointed out that there is a provision under the Act namely Section 34 which provided that every suit or other proceeding pending in Patna High Court CWJC No.12343 of 1995 dt.18-01-2012 any courts including in High Court would stand transferred on the day of the Constitution of a Trial Court. Of course, power of judicial review lies with the Hon'ble Supreme Court and High Court and as has been held by the Supreme Court, the power of judicial review is a part of basic structure of Constitution which cannot be taken away by any enactment of Act which has been decided in the case of L. Chandra Kumar Vs. Union of India, 1997 (3) SCC 264, but for the present for adjudicating the grievance of the parties, let the case be transferred to Armed Forces Tribunal at Delhi with the agreement of the parties. This Court in similar situation in case of Union of India Vs. Colonel Sarat Chandra Mishra L.P.A. No. 223/2011 transferred the case to Armed Forces Tribunal.