Advocates:
ARVIND KUMAR SHARMA

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ITEM NO.16 COURT NO.7 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). 6883/2023

(Arising out of impugned final judgment and order dated 27-07-2018

in OA No. 64/2016 03-03-2022 in RA No. 12/2021 passed by the Armed

Forces Tribunal)

UNION OF INDIA & ORS. Petitioner(s)

VERSUS

M. ANTHONY VICTOR Respondent(s)

(IA No.66709/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED

JUDGMENT and IA No.66708/2023-STAY APPLICATION and IA

No.66706/2023-CONDONATION OF DELAY IN FILING APPEAL and IA

No.66710/2023-CONDONATION OF DELAY IN REFILING / CURING THE

DEFECTS and IA No.66704/2023-LEAVE TO APPEAL U/S 31(1) OF THE ARMED

FORCES TRIBUNAL ACT, 2007 )

Date : 10-04-2023 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE SANJIV KHANNA

HON'BLE MR. JUSTICE M.M. SUNDRESH

For Petitioner(s)

Mrs. Madhavi Divan, A.S.G.

Mr. Pranay Ranjan, Adv.

Mr. Anmol Chandan, Adv.

Ms. Nidhi Khanna, Adv.

Ms. Deepabali Dutta, Adv.

Mr. Arvind Kumar Sharma, AOR

For Respondent(s)

UPON hearing the counsel the Court made the following

O R D E R

Permission to file appeal is granted.

It is stated that there is delay of 1574 days in

preferring the present appeal on account of the fact that the

application for review had remained pending before the Appellate

Tribunal.

Digitally signed by

BABITA PANDEY

Date: 2023.04.13

09:48:55 IST

Reason:

Signature Not Verified

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Issue notice on the application for condonation of delay

as well as on the appeal, returnable in the month of August 2023.

Notices would be served by all modes, including dasti.

It is submitted by the learned Additional Solicitor

General appearing on behalf of the appellants that the first order

was set aside on technical grounds and was not a decision on merits

and, hence the principle of res-judicata and bar to subsequent

proceedings initiated in accordance with law would not apply.

In the meanwhile, there will be stay of the operation of

the impugned judgment dated 27.07.2018 till the next date of

hearing.

(BABITA PANDEY) (R.S. NARAYANAN)

COURT MASTER COURT MASTER (NSH)