order sheet armed forces tribunal, circuit bench, nainital

Form No. 4

[See rule 11(1)]

ORDER SHEET

ARMED FORCES TRIBUNAL, CIRCUIT BENCH, NAINITAL

(REGIONAL BENCH, LUCKNOW)

C.B. Nainital

DY. No. 915 of 2015

Devendra Singh Bhandari Applicant

By Legal Practitioner for Applicant

Versus

Union of India & Others Respondents

By Legal Practitioner for Respondents

Notes of the

Registry

Orders of the Tribunal

06.07.2015

Hon’ble Mr. Justice S.C. Chaurasia, Member (J)

Hon’ble Air Marshal Anil Chopra, Member (A)

Present : Shri Lalit Kumar, counsel for the applicant and

Shri D.S. Tiwari, counsel for the respondents.

Heard the learned counsel for both the parties and perused

the record.

Learned counsel for the applicant has submitted that the

objection 1 (c), raised by the office, has already been rectified.

He undertakes to take appropriate steps for rectifying the

objection 1 (a) and (b), raised by the office, by tomorrow.

List on 07.07.2015 at Circuit Bench, Nainital.

(Air Marshal Anil Chopra) (Justice S.C. Chaurasia)

Member (A) Member (J)

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Form No. 4

[See rule 11(1)]

ORDER SHEET



C.B. Nainital

DY. No. 918 of 2015

Jagat Singh Applicant


Versus



Notes of the

Registry


06.07.2015





The name of Shri Devendra Kumar be shown in place of

Shri D.S. Tiwari, as counsel for the respondents, when the case is

listed next.

As prayed by the learned counsel for the applicant, list on

07.07.2015 at Circuit Bench, Nainital.



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Form No. 4

[See rule 11(1)]

ORDER SHEET



C.B. Nainital

M.A. No. 852 of 2015 Inre O.A. No. 38 of 2014

Dhyan Singh Kaira Applicant


Versus



Notes of the

Registry


06.07.2015



Present : Shri M.S. Chauhan, counsel for the applicant and


Learned counsel for the applicant prays for and is granted

two days’ further time to move amendment application.




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Form No. 4

[See rule 11(1)]

ORDER SHEET



C.B. Nainital

T.A. No. 31 of 2014

Dharam Chand Applicant


Versus



Notes of the

Registry


06.07.2015



List revised.

None appears on behalf of the applicant.

Present : Shri D.S. Tiwari, counsel for the respondents.

The notice issued to the applicant has not been returned

served or un-served, as yet.

The office is directed to enquire from the concerned Post

Office / postal authorities as to whether the notice has been

delivered or not to the applicant.

List on 14.09.2015 at Circuit Bench, Nainital, for further

order.



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Form No. 4

[See rule 11(1)]

ORDER SHEET



C.B. Nainital

M.A. No. 1638 of 2014

Kamal Singh Thapa Applicant


Versus



Notes of the

Registry


06.07.2015



Present : Shri Rakesh Joshi holding brief of Shri T.C.

Pandey, counsel for the applicant and Shri D.S. Tiwari, counsel

for the respondents.

Learned counsel for the respondents, prays for and is

granted eight weeks’ further time to file objection against delay

condonation application.

No further time will be granted.




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Form No. 4

[See rule 11(1)]

ORDER SHEET



C.B. Nainital

O.A. No. 107 of 2014 with M.A. No. 60 of 2015

Kishan Singh Lingwal Applicant


Versus



Notes of the

Registry


06.07.2015



Present : Shri Nalin Son holding brief of Shri M.C. Pant,

counsel for the applicant and Shri D.S. Tiwari, counsel for the

respondents.


eight weeks’ further time to file rejoinder affidavit.




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Form No. 4

[See rule 11(1)]

ORDER SHEET



C.B. Nainital

O.A. No. 19 of 2015

Smt. Manju Joshi Applicant


Versus



Notes of the

Registry


06.07.2015



Present : Shri Prabhat Bohara holding brief of Ms. Meena

Bohara, counsel for the applicant and Shri D.S. Tiwari, counsel

for the respondents.

Inspite of sufficient time granted to the respondents, no

counter affidavit has been filed, as yet.

Learned counsel for the respondents prays for granting

further time.

The respondents are granted time to file counter affidavit by

or before 14.09.2015, failing which the appropriate order may be

passed.




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Form No. 4

[See rule 11(1)]

ORDER SHEET



C.B. Nainital

T.A. No. 4 of 2010

Randheer Singh Applicant


Versus



Notes of the

Registry


06.07.2015



Present : Shri Nalin Son holding brief of Shri M.C. Pant,

counsel for the applicant and Shri Devendra Kumar, counsel for

the respondents.


two days’ further time to move amendment application.




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Form No. 4

[See rule 11(1)]

ORDER SHEET



C.B. Nainital

DY. No. 943 of 2015

Dan Singh Mehra Applicant


Versus



Notes of the

Registry


06.07.2015



Memo of appearance filed by Shri D.S. Tiwari on behalf of

respondent Nos. 1 to 4, is taken on record. His name be shown

as counsel for the said respondents, when the case is listed next.

Present : Shri I.D. Paliwal, counsel for the applicant and



eight weeks’ further time to remove the defects, as pointed out by

the office.




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Form No. 4

[See rule 11(1)]

ORDER SHEET



C.B. Nainital

DY. No. 944 of 2015

Sanjeev Raturi Applicant


Versus



Notes of the

Registry


06.07.2015



Memo of appearance filed by Shri Devendra Kumar on

behalf of respondent Nos. 1 to 3, is taken on record. His name be

shown as counsel for the said respondents, when the case is listed

next.

Present : Shri I.D. Paliwal, counsel for the applicant and

Shri Devendra Kumar, counsel for the respondents.


eight weeks’ further time to remove the defects, as pointed out by

the office.




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Form No. 4

[See rule 11(1)]

ORDER SHEET



C.B. Nainital

O.A. No. 378 of 2011

Mohan Singh Bisht Applicant


Versus



Notes of the

Registry


06.07.2015



Present : Shri M.S. Chauhan, counsel for the applicant and



14.09.2015 for final hearing at Circuit Bench, Nainital.

Let the original record be also produced by the respondents,

on the same date.



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Form No. 4

[See rule 11(1)]

ORDER SHEET



C.B. Nainital

T.A. No. 76 of 2011

Smt. Savitri Devi Applicant


Versus



Notes of the

Registry


06.07.2015



Present : Shri P.S. Rawat, counsel for the applicant and Shri

D.S. Tiwari, counsel for the respondents.


14.09.2015 for final hearing at Circuit Bench, Nainital.

Let the relevant original record be also produced by the

respondents on the same date.



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Form No. 4

[See rule 11(1)]

ORDER SHEET



C.B. Nainital

M.A. No. 841 of 2015

Rajendra Prasad Tamta Applicant


Versus



Notes of the

Registry


07.07.2015



Present : Shri Sachin Mohan Singh Mehta, counsel for the

applicant and Shri D.S. Tiwari, counsel for the respondents.

Misc. Application No. 841 of 2015


the record.

This application supported with an affidavit has been moved

on behalf of the applicant for condonation of delay in filing the

Original Application on the grounds enumerated in the affidavit.

As per office reported dated 28.04.2015, there is a delay of

05 years, 03 months and 28 days in filing the Original

Application.

Inspite of more than sufficient time granted to the

respondents, no objection has been filed against the delay


Grounds for condonation of the delay seem to be sufficient.

The application is allowed and the delay in filing the

Original Application is condoned.

Let the Original Application be registered.



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Form No. 4

[See rule 11(1)]

ORDER SHEET



C.B. Nainital

O.A. No. 144 of 2015

Rajendra Prasad Tamta Applicant


Versus



Notes of the

Registry


07.07.2015



Present : Shri Sachin Mohan Singh Mehta, counsel for the

applicant and Shri D.S. Tiwari, counsel for the respondents.

Heard.

Admit.

Learned counsel for the respondents prays for and is granted

eight weeks’ time to file counter affidavit.




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Form No. 4

[See rule 11(1)]

ORDER SHEET



C.B. Nainital

M.A. No. 854 of 2015

Smt. Leela Devi Karki Applicant


Versus



Notes of the

Registry


07.07.2015



Present : Shri Rajendra Tamta, counsel for the applicant and



six weeks’ further time to file objection against delay





sb

Form No. 4

[See rule 11(1)]

ORDER SHEET



C.B. Nainital

O.A. No. 37 of 2011 with M.A. No. 227 of 2015

Narayan Singh Applicant


Versus



Notes of the

Registry


07.07.2015





From the perusal of the record, it transpires that the delay

condonation application dated: February 2011 has not been

registered, as yet. Let it be registered.

Another delay condonation application (Misc. Application

No. 227 of 2015) has also been moved on behalf of the applicant

in compliance with the order of Tribunal.

The office has not submitted its report about the period of

delay in filing the Original Application.

The office is directed to submit its report, by today, itself

about the period of delay in filing the Original Application.


Learned counsel for the applicant has not pressed this delay

condonation application and hence, it is rejected as not pressed.



the record.

This application supported with an affidavit has been moved

on behalf of the applicant for condonation of the delay in filing

the Original Application on the grounds enumerated in the

affidavit.

As per office report dated 07.07.2015, there is a delay of 08

months and 25 days in filing the Original Application.

Grounds for condonation of the delay seem to be sufficient.



Heard.

It is a fit case of adjudication.

Admit.

Pleadings are complete.

List on 15.09.2015 for final hearing at Circuit Bench,

Nainital.



sb

Form No. 4

[See rule 11(1)]

ORDER SHEET



C.B. Nainital

O.A. No. 285 of 2012

Rakesh Kumar Maikhuri Applicant


Versus



Notes of the

Registry


07.07.2015



List revised.



An application for adjournment has been moved on behalf

of the applicant on the personal ground of his counsel.

Let the Tribunal’s order dated 12.02.2015 be complied with

by the applicant, as well as the respondents, by or before the date

fixed.




sb

Form No. 4

[See rule 11(1)]

ORDER SHEET



C.B. Nainital

O.A. No. 137 of 2014

Sunder Singh Applicant


Versus



Notes of the

Registry


07.07.2015





Inspite of more than sufficient time granted to the

respondents, no counter affidavit was filed. While granting six

weeks’ further time to file counter affidavit, it was directed vide

order dated 29.04.2015 that no further time will be granted but

the counter affidavit has not filed, as yet.

Learned counsel for the respondents prays for granting two

days’ further time to file counter affidavit.

The respondents are permitted to file counter affidavit by or

before 09.07.2015 at Circuit Bench, Nainital, failing which the

appropriate order may be passed.




sb

Form No. 4

[See rule 11(1)]

ORDER SHEET



C.B. Nainital

O.A. No. 186 of 2014 with DY. No. 317 of 2015

Suresh Singh Mehra Applicant


Versus



Notes of the

Registry


07.07.2015



Present : Ms. Gaura Devi Dev, counsel for the applicant and

Shri D.S. Tiwari, counsel for respondent Nos. 1 & 2 and Shri

Puran Singh Rawat, counsel for respondent No. 3.

The name of Shri Puran Singh Rawat, be also shown

alongwith Shri M.S. Rawat & Shri D.S. Patni, as counsel for the

respondent No. 3, when the case is listed next.

From perusal of the record, it transpires that respondent No.

3 was granted six weeks time to file counter affidavit vide order

dated 11.02.2015 and he has filed the counter affidavit on

16.02.2015. Thus, it is clear that the counter affidavit, on behalf

of respondent No. 3, has been filed well within time granted by

the Tribunal. Under these circumstances, there was no need for

respondent No. 3 to file application for taking counter affidavit

on record. The objection raised by the office (Diary No. 317 of

2015) is hereby overruled.

The counter affidavit filed on behalf of respondent No. 3 is

taken on record.

Learned counsel for respondent Nos. 1 & 2 has stated that

the comments have been received from PCDA (P) Allahabad and

prays for and is granted eight weeks’ further time to file counter

affidavit.

Shri Sanjay Kumar, Assistant Accounts Officer and Shri

Praveen Kumar, Senior Auditor, PCDA (P) Allahabad, are

present in person. Their personal attendance is dispensed with

till further orders.




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Form No. 4

[See rule 11(1)]

ORDER SHEET



C.B. Nainital

O.A. No. 181 of 2011

Virendra Singh Applicant


Versus



Notes of the

Registry


07.07.2015



List revised.



In the interest of justice, list on 15.09.2015 for final hearing

at Circuit Bench, Nainital

Let the relevant original record be also produced by the

respondents on the said date.



sb

Form No. 4

[See rule 11(1)]

ORDER SHEET



C.B. Nainital

T.A. No. 59 of 2011

Hayat Singh Bankoti Applicant


Versus



Notes of the

Registry


07.07.2015





The applicant, Hayat Singh Bankoti, is also present in

person.

As prayed by the learned counsel for the respondents, list on

15.09.2015 at Circuit Bench, Nainital.

Let the relevant record be produced by the respondents on

the said date in the light of the previous orders.



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Form No. 4

[See rule 11(1)]

ORDER SHEET



C.B. Nainital

T.A. No. 108 of 2011

Smt. Geeta Rawat & Ors Applicants

By Legal Practitioner for Applicants

Versus



Notes of the

Registry


07.07.2015



List revised.


Present : Shri Devendra Kumar, counsel for the respondents.

An application for adjournment has been moved on behalf

of the applicant on the personal ground of his counsel.

List on 15.09.2015 for final hearing at Circuit bench,

Nainital.

Let the relevant original record be also produced on the said

date by the respondents.



sb

Form No. 4

[See rule 11(1)]

ORDER SHEET



C.B. Nainital

DY. No. 915 of 2015



Versus



Notes of the

Registry


07.07.2015





Learned counsel for the applicant has submitted that he has

filed IPO of Rs. 350/- in the office.

An application for condonation of delay moved on behalf of

the applicant, today, is taken on record.

The office is directed to submit its report, by today itself, as

to whether, the objections raised by it, earlier, have been

rectified.

As per office report dated 07.07.2015, the defects pointed

out earler, have been rectified.



the record.

This application, supported with an affidavit, has been

moved on behalf of the applicant for condonation of delay in

filing the Original Application on the grounds enumerated in the

affidavit.

As per office report dated 28.04.2015, there is delay of 02

years, 09 months and 10 days in filing the Original Application.

Grounds for condonation of delay seem to be sufficient.



Let the Original Application be registered.



sb

Form No. 4

[See rule 11(1)]

ORDER SHEET



C.B. Nainital

O.A. No. 146 2015



Versus



Notes of the

Registry


07.07.2015





Heard.

It is a fit case of adjudication.

Admit.


eight weeks time to file counter affidavit.




sb

Form No. 4

[See rule 11(1)]

ORDER SHEET



C.B. Nainital

DY. No. 918 of 2015



Versus



Notes of the

Registry


07.07.2015





Let the amendment application moved on behalf of the

applicant be taken on record.



the record.

This application, supported with an affidavit, has been

moved on behalf of the applicant with the prayer that he may be

permitted to delete the existing prayer clause 8 (1) and may also

be permitted to substitute a new prayer clause 8 (1) in place

thereof, in the Original Application.

Learned counsel for the respondents has no objection, to it.

The application is allowed.

Let the amendment be incorporated, by today, itself.

Amendment has been incorporated.

As per office report dated 07.07.2015, the defects pointed

out earlier have been rectified and the Original Application has

been registered.



sb

Form No. 4

[See rule 11(1)]

ORDER SHEET



C.B. Nainital

O.A. No. 147 of 2015



Versus



Notes of the

Registry


07.07.2015





List on 14.09.2015 at Circuit Bench, Nainital for hearing on

the point of admissibility of the instant Original Application.



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order sheet armed forces tribunal, circuit bench, nainital

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