1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1573 OF 2009 Commander Harneet Singh (Indian Navy) .. Petitioner Vs. The Union of India & Ors. .. Respondents Mr.Ajai Pal Singh for the petitioner Mr.S.B.Shetye with Mr.N.R. Prajapati for respondent no.1 CORAM : J. N. PATEL, ACTING C.J. & B.R.GAVAI, J. DATE : 4TH JANUARY, 2010 P.C. : 1. In view of the decision taken by the Division Bench of this court on 18.11.2009 in Criminal Writ Petition No.1376 of 2009, matters pertaining to Defence personnel should be referred to Armed Forces Tribunal, we have no reason to take a different view. The petitioner can approach the Armed Forces Tribunal which has been constituted under the Armed Forces Tribunal, 2007. Therefore, we permit the petitioner to withdraw the petition and move the Armed Forces Tribunal. Needless to state that the period of limitation, if any, would be considered sympathetically by 2 the Tribunal as the petitioner has approached this court by invoking its extraordinary Jurisdiction under Article 226 and 227 of the Constitution of India for the reason that the Tribunal has not been constituted and made functional in Mumbai. 2. Permitted to withdraw. Dismissed as withdrawn. 3. In view thereof, Notice of Motion No.530 of 2009 and Chamber Summons No.311 of 2009 stand dismissed as infructuous. ( ACTING C.J.) (B.R. GAVAI, J)