ORDER 1. The respondent joined the Armed Forces Medical College at Pune on 22 July 1997. A bond was furnished by him, clause 4 of which contained the following stipulation: “4. If a medical student after grant of Permanent Commission applies for release from service within 7 (seven) years of grant of the said commission for reasons whatsoever and provided his/her release is sanctioned by the Government as per rules in fare, he/she shall be relieved only after he/she has refunded a sum of Rupees Three Lakhs to the Government together with interest.” He passed his final MBBS examination in December 2003 and was commissioned as Lieutenant on 5 March 2004 in the Army Medical Corps. 2. The case of the appellants is that after the respondent completed his internship on 7 March 2005, he went on leave after which he did not report back. On 28 May 2005, the respondent was declared as 'deserter'. 3. In March, 2007, the respondent filed a writ petition before the Bombay High Court for the issuance of his internship completion certificate and to be exempt from payment of the full amount of bond money of Rs.3 lakh with interest. The High Court by its judgment recorded the statement of the respondent that he agreed to pay the bond amount with interest and other expenses, if any. A final order was accordingly passed in the writ petition directing the appellants herein to release the internship completion certificate and all original documents on the respondent complying with the requirement of the bond. 4. During the course of the hearing today (22 June 2017) learned counsel appearing on behalf of the appellants is unable to make a definite statement as to whether the respondent has paid the amount of bond money as directed. Learned counsel appearing on behalf of the appellants states that if the amount of bond money has not been paid, the appellants may be granted liberty to take necessary steps for recovery in accordance with law. We are of the view that since the appeal is pending for nearly 9 years, adequate instructions should have been made available to the learned counsel. There is nothing in the order of the High Court which prevented the appellants from enforcing the bond. 5.
We are of the view that since the appeal is pending for nearly 9 years, adequate instructions should have been made available to the learned counsel. There is nothing in the order of the High Court which prevented the appellants from enforcing the bond. 5. Be that as it may, the order of the High Court is clear in itself and no further clarification is necessary at this stage. It is evident from a plain reading of the order of the High Court that it was only on the respondent paying the amount of bond money that the High Court directed that he would be entitled to his internship completion certificate and release of his original documents. 6. When nearly 14 years have been elapsed since the date on which the respondent completed his MBBS, we are of the view that it will be inappropriate for the Court to consider the wider issues which are sought to be raised in the appeal on behalf of the appellants. We deem it appropriate and proper, however, to keep all the questions of law raised open to be adjudicated upon in an appropriate case. 7. Subject to aforesaid clarification, we decline to entertain the present civil appeal. The appeal is accordingly dismissed keeping open all questions of law raised. No costs.