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HIGH COURT OF DELHI
W.P.(C) 2189/2025 & CM APPL. 10334/2025
MAJ KAVISH AGGARWALA AND ORS .....Petitioners
Through: Mr. J. Sai Deepak, Sr. Adv.
Through: Mr. Amit Tiwari, CGSC, Mr. Hussain Taqvi, GP
MAJ Anish Muralidhar for Army
HON'BLE MR. JUSTICE AJAY DIGPAUL
ORDER (ORAL)
17.04.2025 C. HARI SHANKAR, J.
JUDGMENT
1. In this matter, on the last date of hearing, a preliminary objection had been raised by Mr. Tiwari, learned Counsel for the respondents that the present lis would lie before the Armed Forces Tribunal[1].
2. Having heard learned Counsel for the parties, we are inclined to “AFT” hereinafter W.P.(C) 2189/2025 agree with the submission. At this juncture, Mr. J. Sai Deepak, learned Senior Counsel for the petitioners’ prays, on instructions, that this writ petition may be transferred to the AFT so as to expedite matters and avoid duplication of the proceedings.
3. Accordingly, we permit the petitioners to present this writ petition along with entire record of this writ petition before the AFT which would deal with the writ petition treating it as an original application in accordance with law.
4. For the said purpose, the Registry is directed to provide the electronic copy of the writ petition to the petitioners so that it can be presented before the AFT.
5. It is made clear that we have not expressed any opinion on the merits of the matter.
6. The writ petition is accordingly dismissed.
C. HARI SHANKAR, J