Miscellaneous application in cat
Querist :
Anonymous
(Querist) 01 March 2022
This query is : Resolved
Learned Experts,
I have filed a case in CAT and appearing in person. Rules are unclear about affidavit in support of the miscellaneous application. Matter was adjourned with instructions for one week as respondent lawyer wanted to seek instructions from respondents. However, on the date which matter was fixed, was declared holiday and matter is shifted back two months.
I wish to file a miscellaneous application seeking early hearing especially on interim relief prayed for. i need the following guidance serially.
1. Does miscellaneous application requires affidavit in support?
2. Application is supposed to be served on respondents as well. Am i required to submit proof of service as well along with application? If yes, in what format or form?
3. How many sets of application i need to submit before CAT?
4. Is there any other documents need to be submitted along with application?
5. Can anyone share or point me to the format of early hearing application in files section?
Thank you
Dr J C Vashista
(Expert) 02 March 2022
Answer to your queries is:
1.Does miscellaneous application requires affidavit in support?
Yes, it has to be supported by an affidavit.
2. Application is supposed to be served on respondents as well. Am i required to submit proof of service as well along with application? If yes, in what format or form?
Yes, it has to be served to respondents in advance either through their counsel or by post / courier and file in registry. There is no specific format/form for proof of service.
3. How many sets of application i need to submit before CAT?
It would be 2 sets.
4. Is there any other documents need to be submitted along with application?
It depends upon your relief sought in MA.
5. Can anyone share or point me to the format of early hearing application in files section?
No specific format is there.
Seek help of some local lawyer or clerk practicing in CAT.
Querist :
Anonymous
(Querist) 02 March 2022
Thank you very much @Vashista ji
Sudhir Kumar, Advocate
(Expert) 04 December 2022
1. Does miscellaneous application requires affidavit in support?
YES VERIFICATION IS REQUIRED WITH EACH APPLICATION
2. Application is supposed to be served on respondents as well.
YES
Am i required to submit proof of service as well along with application?
YES
If yes, in what format or form?
NORMALLY IT IS PASTED ON THE FIRST COPY. HOWEVER SINCE EACH BENCH HAS SEPERATE PRACTICE YOU CAN CHECK WITH REGISTRY.
3. How many sets of application i need to submit before CAT?
IN CASE NOT SERVED TO OPPOSITE THE THE NO OF COPIES WILL BE 2+ NO OF RESPONDENTS.
IF SERVED THEN ONLY TWO COPIES.
4. Is there any other documents need to be submitted along with application?
EVERY DOCUMENT, IF NOT FILED EARLIER, ON TH BASIS OF WHICH EARLY HEARING IS BEING SOLICITED.
5. Can anyone share or point me to the format of early hearing application in files section?
YOU JUST HAVE TO NARRATE THE FACTS AND CIRCUMSTANCES LEADING TO FIXATION OF DATE AFTER TWO MONTH + REASONS AS TO HOW AN IRREPARABLE LOSS IS BEING SUFFERED BY YOU DUE TO DELAY IN INTERIM RELIEF.
