Bombay High Court
India AND ANRversusEx Aircraft Chaudhary RT
- Decided
- Disposal
- Allowed
Holding
The Court condoned the delay in filing the interim application and disposed the writ petition in accordance with the earlier order.
Summary
The Applicant filed an interim application seeking condonation of delay in addressing registry objections. The Court, after hearing counsel, allowed the condonation, recalling the order of 4 March 2026 and restoring the writ petition to its file, subject to removal of objections within two weeks. The petitioners, Union of India & Anr., sought a writ of certiorari to quash an Armed Forces Tribunal order dated 22 August 2024. The Court noted that a similar case (Writ Petition No. 11710 of 2026) had already been decided, and the petitioners conceded the applicability of that decision. Consequently, the writ petition was disposed in accordance with the order dated 17 September 2026. The interim application was allowed, and the writ petition stands disposed.
Issues considered
- Whether the delay in filing the interim application can be condoned.
- Whether the writ petition should be dismissed based on the earlier decision in Writ Petition No. 11710 of 2026.
Subjects
- interim application
- condonation of delay
- writ of certiorari
- Armed Forces Tribunal
- quashing order
- disposal of writ petition
Judgment
(8)-IA-6579-26.doc
PANCHAL
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 6579 OF 2026
Digitally
IN
signed by
BALAJI
BALAJI
GOVINDRAO
GOVINDRAO PANCHAL
WRIT PETITION (STAMP) NO. 36495 OF 2025
PANCHAL Date:
2026.09.30
10:33:06
+0530
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.
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(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 22 nd 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 16 th April
2025 passed by the Armed Forces Tribunal, Mumbai Bench in
Original Application No.60/2022 has been approved.
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(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]
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