R.S.A.No. 2479 of 2009 (O&M) 1 In the High Court of Punjab and Haryana at Chandigarh R.S.A.No. 2479 of 2009 (O&M) Date of decision: 15.12.2009 Som Dutt ......Appellant Versus Union of India and others .......Respondents CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.Rajeev Anand, Advocate for the appellants. **** SABINA, J. Learned counsel for the appellant has stated that the issue involved in this appeal is cognizable by the Armed Forces Tribunal constituted under Section 4 of the Armed Forces Tribunal Act, 2007. Section 34 of the Armed Forces Tribunal Act 2007 reads as under:- “Transfer of pending cases:- (i) Every suit, or other proceeding pending before any court R.S.A.No. 2479 of 2009 (O&M) 2 including a High Court or other authority immediately before the date of establishment of the Tribunal under this Act, being a suit or proceeding the cause of action whereon it is based, is such that it would have been within the jurisdiction of the Tribunal, if it had arisen after such establishment within the jurisdiction of such Tribunal, stand transferred on that date to such Tribunal. (2) Where any suit, or other proceeding stands transferred from any Court including a High Court or other authority to the Tribunal under Sub-section (1) --- (a) the Court or other authority shall, as soon as may be, after such transfer, forward the records of such suit, or other proceeding to the Tribunal; (b) the Tribunal may, on receipt of such records, proceed to deal with such suit, or other proceedings, so far as may be, in the same manner as in the case of an application made under Sub- Section (2) of Section 14 from the stage which was reached before such transfer or from any earlier stage or de move as the Tribunal may deem fit.” Accordingly, this appeal is referred to the Armed Forces R.S.A.No. 2479 of 2009 (O&M) 3 Tribunal at Chandigarh for adjudication. Parties are directed to appear before the Tribunal on 25.1.2010. This appeal stands disposed of accordingly. (SABINA) JUDGE December 15, 2009 anita