drt filing.
s.loganathan
(Querist) 02 October 2010
This query is : Resolved
I had paid the prescribed fees for application before the drt, chennai in April and it was assigned a SR No.. My lawyer took back the application for correction. The bank failed to make the mandatory paper publication and we had not yet resubmitted the application taken back. Now, the bank issues a 'Fresh' 13(2) & 13(4). Can I include this new notice in the earlier drt application? Would the first application in April still be valid after having taken it back for correction and not submitted till date? Or should I make a new application?
Kiran Kumar
(Expert) 02 October 2010
the new notice gives a fresh cause of action, however in your case since you took back the application to make necessary corrections you may add any other document or mention any other fact which was in existence at the time of first filing.
subsequent notice will change the whole structure of the case including the relief claimed. So, dont attach it.
Devajyoti Barman
(Expert) 02 October 2010
I am not sure how your lawyer took the petition back to make certain correction as such measure is really unheard of.
The subsequent notice has certainly created new cause of action for which a new case definitely lies.
s.subramanian
(Expert) 03 October 2010
You have to file a fresh petition challenging the fresh paper publication.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 03 October 2010
You say sr no is alotted , if so old case will continue.
You do not have any right to move DRT just against notice u/s 13 (2) , this you have to reply within sixty days and lender has to take corrective action within next seven days.
Only thereafter cause of action to move DRT will arise , not before.
