Debt recovery tribunal
Akshay
(Querist) 28 January 2013
This query is : Resolved
is a seperate interim application mandatory to be filed in the Debt recovery tribunal ? if yes then why ?
p.s. this is urgent
Devajyoti Barman
(Expert) 28 January 2013
In every judicial or quasi judicial proceeding for interim reliefs on need to file separate application.
Akshay
(Querist) 28 January 2013
thank you sir for the reply. but if it is not of any more trouble to you would you knw what is the time period prescribed by the drt to file an interim application ?
Devajyoti Barman
(Expert) 28 January 2013
No time limit but if the matter is urgent then file it urgently.
R.K Nanda
(Expert) 28 January 2013
no fix time limit for it.
Raj Kumar Makkad
(Expert) 28 January 2013
It depends upon the petitioner when he feels the need to obtain the interim relief from DRT and accordingly he shall have to file such application. Generally such applications are moved along-with petition.
ajay sethi
(Expert) 28 January 2013
agree with makkad
K.K.Ganguly
(Expert) 31 January 2013
If you file a Sarfaesi Application as borrower against the Bank u/s17 of SARFAESI Act, 2002, you do not have to file any seperate ad-interim application praying for stay order against any further SARFAESI Proceedings since the said prayer is already mentioned in the Application.
What you shall have to do is that you shall have to file a put up application for getting your Sarfaesi Application heared at the earliest and when it is so heard, you can pray & avail the stay.
Raj Kumar Makkad
(Expert) 31 January 2013
If stay application is moved, it shall definitely be heard whereas the oral prayer may be ignored totally.
