The Union Of India And ORS v. V. Abhilash And ORS
1.
(Circuit Bench at Port Blair) 09-05-2024 (Via Video Conference) sg RVW 1 of 2024 In WPCT 17 of 2023 CAN 1 of 2024 The Union of India & Ors.
Versus
V. Abhilash & Ors.
Mr. Shatadru Chakraborty, Adv.
Mr. Dibesh Dwivedi, Adv.
...for the revisionists Mr. Gopala Binnu Kumar, Adv.
...for respondent/petitioners In Re: CAN 1 of 2024 1.
This is an application for condonation of delay. There is a delay of 30 days in preferring this review application. 2.
Sufficient cause being shown for not being able to file the review application within the period of stipulation, the delay of 30 days in preferring the review application is condoned. The prayer for condonation of delay is allowed.
3.
CAN 1 of 2024 is accordingly, disposed of.
In Re: RVW 1 of 2024
4. At the very outset, Mr. Shatadru Chakraborty, learned Counsel appearing for the revisionists has fairly submitted that this is an application for clarification of our observation made in paragraph 9 of the order dated 16th November, 2023, which states as follows: "It was on that ground we set aside the order of the Tribunal. It would be open for the respondent no.2 to make
deployment of the IRBn personnel by way of transfer commensurate with the Standard Operating Procedure dated 07th August, 2015 indicating the purpose for such transfer with the timeline as were followed earlier."
5. Mr. Chakraborty submits that the phrases "as were followed earlier" in the last sentence, require clarification as it is capable of being interpreted as the period mentioned in the earlier order books referred to in paragraph 2 of the order under reference, is required to be strictly adhered to.
6. Although, we do not find any ambiguity in the order dated 16th November, 2023 as we were very clear in our mind that the transfer order to be issued by the applicant should adhere to the Standing Operating Procedure dated 7th August, 2015 with regard to the purpose and time duration, we, however, clarify the phrase "as we were followed earlier" may not confine to the durations mentioned in the earlier orders referred to in paragraph 2 of the order however, the purpose should be mentioned. The reference to those Order Book numbers in paragraph 2 are for the purpose of illustration to decide on the issues raised by the writ petitioners.
7.
With the above observations, the review application is, accordingly, disposed of.
8.
Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Soumen Sen, J.) (Uday Kumar, J.)