Tribunals and CommissionsDivision Bench(2021) 07 AFT CK 0020

Ex ERA-3 Tata Rao Kandregula vs Union of India & Ors

Armed Forces Tribunal · Decided on 15 July 2021

HON’BLE JUDGES
Sunita Gupta, Member (J) · B.B.P.Sinha, Member (A)
CASE NUMBER
OA 1310 Of 2020 with MA 1566 Of 2020

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Judgment

10 paragraphs · 210 words

Matter was listed for 14.07.2021, however, the Bench did not assemble on that day, hence the case has been taken up today.

Counsel for the applicant has placed a Rent Agreement in order to show that the applicant is resident of Delhi. A perusal of record goes to show that

the OA was filed on 31st August 2020 and at that time the applicant had given his address of Vishakhapatnam and has merely written “presently in

Delhiâ€. At that time no address was given. There is no impugned order and therefore, the applicant was called upon to show as to how this Tribunal

has territorial jurisdiction to entertain the OA. Counsel for the applicant, at that time, sought time to file an affidavit showing that he is residing in Delhi.

Today he has placed a copy of the rend agreement which, however, is dated 14th July 2021 which reflects that the tenancy started w.e.f. 10th July

2021, meaning thereby that at the time of filing the OA, the applicant was not a resident of Delhi.

Faced with this situation, Counsel for the applicant seeks time to move appropriate application under Rule 6 of the Armed Forces Tribunal (Procedure)

Rules, 2008 He is at liberty to do so.

Re-list on 28.09.2021.