What is MA (Miscellaneous Application) in DRT?
A Miscellaneous Application (MA) is a type of application that can be filed in a Debts Recovery Tribunal (DRT) on any matter that is not covered by the Original Application (OA) or Securitization Application (SA).
MA applications can be filed by any party to a DRT case, including banks, financial institutions, borrowers, and third parties. MA applications can be filed for a variety of purposes, such as:
- To seek interim relief, such as a stay on the proceedings of the case or an order to preserve evidence.
- To challenge the orders of the DRT.
- To seek directions from the DRT on any matter related to the case.
- To file applications for ancillary relief, such as costs, interest, or damages.
MA applications must be filed in accordance with the rules of the DRT. The MA 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
The applicant must also attach supporting documents to the MA application, such as affidavits, documents, and other evidence.
Once the MA 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 MA 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 reliefs in MA applications, including:
- Interim relief
- Setting aside or modifying the orders of the DRT
- Issuing directions on any matter related to the case
- Granting ancillary relief
MA applications are a valuable tool for parties to DRT cases to seek relief on a variety of matters. The DRTs are specialized tribunals that are well-equipped to handle MA cases.
Examples of situations where an MA application may be filed include:
- A borrower may file an MA application to seek a stay on the proceedings of the case if they believe that they are likely to succeed on their merits.
- A bank may file an MA application to challenge the orders of the DRT if they believe that the orders are wrong.
- A third party may file an MA application to seek directions from the DRT on a matter related to the case.
- A party to a DRT case may file an MA application to seek ancillary relief, such as costs, interest, or damages.
If you are considering filing an MA application, it is important to seek legal advice from an experienced lawyer who can help you to understand your rights and options.
Adcocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304