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Judgment
MA 1477/2019 in MA 2047/2018: Â
The instant application is filed under Rule 19 of the Armed Forces Tribunal (Procedure) Rules, 2008 for bringing Mrs. Kavita Gupta, wife of Lt. Cdr.
R.K. Gupta (Retd.) [since dead] the original applicant as the respondent in M.A. No. 2047 of 2018, whereby the applicant/Union of India is seeking
leave to appeal for throwing challenge to the order dated 12.10.2017 passed in O.A. No. 492 of 2015 before the Honble Supreme Court.
Issue Notice on this application. Mr. Kadian, learned counsel for the respondent/original applicant, after accepting the notice, states that he has no
objection inallowing the instant applicationas he has also verified that Mrs. Kavita Guptais the sole L.R. of Lt. Cdr. R.K. Gupta (Retd.)[since dead].
Resultantly, the instant application is allowed as prayed for. Mrs.Kavita Gupta, W/o Lt. Cdr. R.K. Gupta (Retd.) [since dead] Â , Rio 562A, Premier
Villa, New Bel Road, Bangalore - 560 094 (Karnataka)is hereby made as Legal Representative of the original applicant [Lt. Cdr. R.K. Gupta (Retd.)]
for the purposes of disposal of M.A. No. 2047 of 2018.
M.A. No. 1477 of 2019 stands disposed of accordingly.
MA 2047/2018 86 MA 2048/2018 in OA 492/2015:
Applicant/Union of India is seeking grant of leave to appeal under Section 31 of the Armed Forces Tribunal Act, 2007 (for short 'AFT Act') for
throwing challenge to the order dated 12.10.2017 in O.A. No. 492 of 2015, whereby the OA was allowed. There is delay of 367 days in filing M.A.
No. 2047 of 2018, therefore, M.A. No. 2048 of 2018 seeking condonation thereof.
Without entering into the merits of the case with regard to any point of law of general public importance being involved in the decision rendered by the
Tribunal, we have considered the instant application within the parameters of Section 31(2) of the AFT Act and found that there is a huge delay
caused in moving the instant application for grant of leave to appeal i.e. 367 days, for which no cause, much less sufficient cause, has been projected
by the applicant/Union of India, therefore, we dismiss the instant application on that ground alone.
In view of the above, M.A. No. 2047 of 2018 and M.A.No.
2048 of 2018 stand disposed of.