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Can the AFT grant interim relief to a petitioner?

Can the AFT grant interim relief to a petitioner?

11-Mar-2023

Armed Forces Tribunal

Answer By law4u team

Yes, the Alternative Dispute Resolution and Arbitration Act (ADRAA) allows an Arbitration Tribunal to grant interim relief to a petitioner. This means that a party who has filed a petition for arbitration can request the tribunal to grant some immediate relief before the final award is issued. Interim relief can be in the form of an order to maintain the status quo, to preserve assets or evidence, or to prevent one party from taking certain actions. The tribunal can also order one party to provide security for costs, or to pay an advance on the costs of the arbitration. The AFT (Armed Forces Tribunal) also has the power to grant interim relief to a petitioner under certain circumstances. For example, if a military personnel has been dismissed from service and has filed a petition challenging the dismissal, the AFT may grant interim relief by directing the military to reinstate the petitioner pending the final decision of the case. In both cases, the granting of interim relief is subject to certain conditions and requirements, and the tribunal has discretion to decide whether or not to grant such relief based on the circumstances of the case.

Answer By Ayantika Mondal

Dear Client, The Armed Forces Tribunal (AFT) and The ADRAA (Alternative Dispute Resolution and Arbitration Act) both can grant interim relief to a petitioner if the required conditions are fulfilled with respect to the case and matter. Interim relief is a type of order which is temporary in nature that helps to maintain the current situation, protect evidence, and it also stop one party from doing something related to the case and restrict them performing any activities. As a relief tribunal can also ask the party to pay for arbitration fees or secure the other necessary costs as per the facts of the case. For example, if an armed forces member is dismissed from the service and he wants to challenge that decision, he can ask the AFT for interim relief in his case. The AFT will study the case and decide whether to grant a temporary relief order to protect the person’s interests while the case is being going on. To conclude, both the ADRAA and AFT is having the power to give interim relief if the case fulfils certain conditions which is required by the court. I hope this answer helps.

Answer By Anik

Dear Client, The ADRAA which stands for Alternative Dispute Resolution and Arbitration Act (ADRAA) along with AFT (Armed Forces Tribunal) can provide and grant interim relief to a petitioner. Interim relief is a type of order to maintain the status quo and to protect the evidence and court restrict one party to stop doing the action and activity or a certain kind of work. Tribunal can also ask to provide relief in the form of providing securities for cost and to pay the cost of arbitration. In case if an armed force personal has been removed from the service and due to which he has filed a petition to challenge his removal and dismissal then AFT that is Armed Force Tribunal may grant an interim relief after reading the case and facts of the matter. To conclude AFT and also ADRAA can provide a relief of interim relief if the conditions are fulfilled and all the requirements is followed based on the case and issue. I hope this answer helps.