How to file interim application in DRT?
To file an interim application (IA) in a Debts Recovery Tribunal (DRT), you must follow these steps:
- Draft the IA application. The IA application must be drafted in Form 2A of the Debts Recovery Tribunal (Procedure) Rules, 1993. The IA application must contain the following information:
- The names and addresses of the applicant and the respondent (if any)
- A brief description of the relief that the applicant is seeking
- The grounds on which the applicant is seeking the relief
- Attach supporting documents. The applicant must attach supporting documents to the IA application, such as affidavits, documents, and other evidence.
- File the IA application with the DRT. The IA application must be filed with the DRT that has jurisdiction over the case. The IA application can be filed in person or by registered post.
- Pay the court fee. The applicant must pay the court fee prescribed for filing an IA application. The court fee can be paid in cash or by demand draft.
Once the IA application is filed, the DRT will issue a notice to the respondent (if any) and schedule a hearing. The respondent will have an opportunity to respond to the IA application and present their own evidence.
The DRT will then decide whether to grant the relief sought by the applicant. The DRT has the power to grant a wide range of interim relief in IA applications, such as:
- A stay on the proceedings of the case
- An order to produce documents
- The appointment of a receiver
- A restraint order
If the DRT grants the relief sought by the applicant, the order will be binding on the parties until the final decision on the case is made.
Here are some additional tips for filing an IA application in a DRT:
- Make sure that the IA application is drafted in accordance with the rules of the DRT.
- Attach all relevant supporting documents to the IA application.
- File the IA application with the DRT that has jurisdiction over the case.
- Pay the court fee prescribed for filing an IA application.
- Be prepared to argue your case at the hearing.
If you have any questions about how to file an IA application in a DRT, it is advisable to seek legal advice from an experienced lawyer.
Adcocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304