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Bombay High CourtWP/1029/2019disposed off

Dr. (Lt.Col.) Vijay Seshan v. The Union Of India Through The Secretary And ORS

2019-01-17Hon'Ble Shri Justice N. J. Jamadar,Hon'Ble Shri Justice B.R. Gavai1 pages

937.wpst.20114.2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION (ST.) NO. 20114 OF 2018 Dr. (Lt.Col.) Vijay Seshan .. Petitioner Vs.

The Union of India through the Secretary & Ors.

.. Respondents Mr. Ramesh Ramamurthy a/w. Mr.Saikumar Ramamurthy, Advocate for petitioner.

Mr.Dushyant Kumar, Advocate for respondent Nos.1 and 2. CORAM : B.R. GAVAI & N.J. JAMADAR, JJ.

DATE : 17TH JANUARY 2019 P.C.

The learned counsel for the petitioner, on instructions, seeks leave to withdraw the petition with liberty to adopt alternate remedy available in law.

Taking into consideration the fact that the petitioner is prosecuting the present petition bona­fide, liberty is required to be granted to the petitioner to file appropriate proceedings before the Armed Forces Tribunal. The petitioner would also be entitled to the exclusion of time for which the petition was pending in this Court, under Section 14 of the Limitation Act.

The petition disposed of as withdrawn with liberty as sought. [N.J. JAMADAR, J.] [ B.R. GAVAI, J.] Shraddha Talekar PS 1/1