How to file stay application in DRT?
To file a stay application in DRT, follow these steps:
- Draft a stay application. The stay application must state the grounds on which you are seeking a stay and be supported by an affidavit.
- File the stay application with the DRT. You can file the stay application in person or through registered post.
- Serve the stay application on the other party. You can serve the stay application in person or through registered post.
- Attend the hearing on the stay application. The DRT will fix a date for the hearing, and you must attend to argue your case.
Here are some additional tips:
- Make sure that your stay application is drafted correctly and that it is supported by an affidavit.
- File the stay application with the DRT as soon as possible.
- Serve the stay application on the other party in the case.
- Attend the hearing on the stay application and argue your case before the tribunal.
Grounds for seeking a stay
There are various grounds on which you can seek a stay in DRT, including:
- You are filing an appeal against the order of the DRT.
- You are seeking to negotiate a settlement with the other party.
- You have new and material evidence that was not available before the DRT.
- The DRT’s order is causing you irreparable harm.
Procedure for filing a stay application
To file a stay application, you must draft a stay application and file it with the DRT in which the original case is pending. You must also serve the stay application on the other party in the case.
Hearing on the stay application
The DRT will fix a date for the hearing on the stay application. You must attend the hearing and argue your case before the tribunal. The tribunal will consider your arguments and decide whether or not to grant a stay.
If the stay is granted
If the DRT grants a stay, the proceedings in the original case will be stopped until the stay is lifted. The DRT will specify the conditions under which the stay is granted. For example, the tribunal may require you to deposit a certain amount of money with the court or to furnish a bank guarantee.
If the stay is denied
If the DRT denies the stay, the proceedings in the original case will continue. You can still file an appeal against the DRT’s order.
Filing a stay application in DRT can be a complex process. It is advisable to consult with a lawyer before filing a stay application.
Adcocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304