Drt
Advocate M J
(Querist) 14 February 2014
This query is : Resolved
Dear Respected learned members,
An appeal has been filed in DRT challenging 13(2), stopping the process of 13(4) allowing my client to pay his EMIs as the institution has stopped accepting his EMIs returned the EMI cheque sent by registered post. Due to which the above appeal is filed. The DRT has accepted the appeal and the notices is being sent to the institution to appear before the DRT.
Can I as the lawyer of my client cross examine the institution when the institution appears before DRT? Is there any sections under law to cross examine the institution?
Thank you.
Advocate. Arunagiri
(Expert) 14 February 2014
You can see the rule 12 sub rule 6, of DRT Rules, which give details and procedure for cross examination of witness
DEBTS RECOVERY TRIBUNAL (PROCEDURE) RULES, 1993
12. Filing of reply and other documents by the respondent
(6) The Tribunal may at any time for sufficient reason order that any particular fact or facts shall be proved by affidavit, or that the affidavit of any witness shall be read at the hearing, on such conditions as the Tribunal thinks reasonable:
PROVIDED that after filing of the affidavits by the respective parties where it appears to the Tribunal that either the applicant or the defendant desires the production of a witness for cross examination and that such witness can be produced and it is necessary to do so, the Tribunal shall for sufficient reasons to be recorded, order the witness to be present for cross examination, and in the event of the witness not appearing for cross examination, then, the affidavit shall not be taken into evidence and further that no oral evidence other than that given in this proviso will be permitted.
