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Judgment
M.A. No. 1855 of 2021 :
Heard.
This is an application filed under Rule 6 of the Armed Forces Tribunal (Procedure) Rules, 2008 seeking permission to file an appeal under Section 15 of the Armed Forces Tribunal Act, 2007 before the Principal Bench on account of the fact that the Regional Bench, Chennai is not functioning. The averments in this regard made in this application are false as Administrative Member discharging the duties of Head of Department (HoD) is available in the Regional Bench, Chennai and I take judicial notice of the fact that the cases of Regional Bench, Chennai are being taken up through video-conferencing regularly every fortnight. I myself had sat with the HoD of Regional Bench, Chennai and disposed of more than 200 cases during the last about two months. Again on 21.09.2021, all fresh cases are listed for hearing through video-conferencing. That apart, in case of urgency, a request can be made to the Registrar of the Regional Bench, Chennai, to place the before the HoD as on recommendations made by the HoD, matters pertaining to bail and urgent hearing applications are listed immediately for urgent hearing regularly every Tuesday and Thursday through video-conferencing on the ground of urgency. In view of this, no case is made out for granting permission for transfer of the matter to the Principal Bench at New Delhi. Accordingly, MA stands rejected.
Let OA (Diary) No. 4108 of 2021 be returned to the counsel for the applicant for presentation of the same before the Regional Bench, where the jurisdiction lies, if so advised.