Bombay High Court
IndiaversusEX 279956 Aircrafts man Ajit sadashiv bagade
- Decided
- Disposal
- Disposed Off
Holding
The petition is dismissed because the issue has already been decided in a prior order of this Court.
Summary
The Union of India filed Writ Petition No. 12635 of 2026 seeking a writ of certiorari to quash the Armed Forces Tribunal (AFT) judgment dated 5 July 2024 in Original Application No. 41/2023. The petition relied on a recent order of this Court dated 17 September 2026 in Writ Petition No. 11710 of 2026, where the Court had approved an AFT judgment dated 16 April 2025 in a similar factual scenario. The Court observed that the facts were identical and that the matter had already been decided. Consequently, the Court disposed of the present petition in accordance with the earlier order. The petition was therefore dismissed.
Issues considered
- What is the validity of the AFT judgment dated 5 July 2024 in Original Application No. 41/2023?
- Whether the present writ petition is maintainable given the prior decision in Writ Petition No. 11710 of 2026?
Subjects
- writ petition
- certiorari
- Armed Forces Tribunal
- res judicata
- prior judgment
- civil appellate jurisdiction
Judgment
PDP 25-WP-12635-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
Digitally signed
by PRAVIN
PRAVIN DASHARATH
DASHARATH PANDIT
PANDIT Date:
WRIT PETITION NO. 12635 OF 2026
2026.09.30
09:54:56 +0530
Union of India & Anr. .. Petitioners
Vs.
Ex-279956 Aircrafts Man Ajit
Sadashiv Bagade .. Respondent
...
Ms. Anamika Malhotra for the Petitioners.
...
CORAM : MAHESH CHANDRA TRIPATHI, CJ. &
ADVAIT M. SETHNA, J.
DATE : 29th SEPTEMBER, 2026.
P.C. :
1. 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 and order or
direction in the like nature, thereby quashing and
setting aside the impugned judgement dated 5 th July
2024 passed by the Armed Forces Tribunal, Mumbai
Bench in Original Application No. 41/2023.”
2. Learned Counsel for the Petitioner-Union of India while
questioning the validity of the Order dated 5 th July, 2024 passed by
the Armed Forces Tribunal, Mumbai Bench in Original Application
No. 41/2023, has placed on record the Order dated 17 th 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
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PDP 25-WP-12635-2026.doc
M. A. Inamdar), wherein the Judgement and Order dated 16 th April
2025 passed by the Armed Forces Tribunal, Mumbai Bench in
Original Application No.60/2022 has been approved.
3. As on the identical facts, the Division Bench of this Court
has already passed an Order in Writ Petition No. 11710 of 2026, the
learned Counsel for the Petitioners has conceded to that extent.
4. 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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