Original application lost in drt
Dr C Suresh
(Querist) 03 November 2011
This query is : Resolved
The original application filed by the Bank is lost in DRT. The Bank is not filing another original with DRT even after asked by Registrar. The trial is over and judgment in favor of bank given by PO. However defendants have filed appeal in DRAT and stay obtained. Because lot of fraud is suspected the defendent requested for certified copies of original application and statement of account. The registrar now says that the original application is missing from the DRT for a long time and that the Bank is not filing another original.
As defendant what are my options now?
prabhakar singh
(Expert) 04 November 2011
From facts stated by you it appears to me that Tribunal decided the case even without reconstruction of the case file.If so have taken it as ground in memo of appeal???
It's favorable situation for you??
M V Gupta
(Expert) 04 November 2011
You must have been served copy of the original application along with summons served on you by the DRT. Otherwise you could not have filed the written statement in the case. If the order passed by the DRT is found to contain any averments contrary to what is contained in the copy of the application you can certainly take advantage of the contradictions.
RAJU O.F.,
(Expert) 04 November 2011
As the matter is pending in Appellate Tribunal, you pray before DRAT to call for all the records of OA including the original application and typeset of documents. Did you receive copies as required under Rules, for filing Reply Statement and later Counter Proof Affidavit? You may ensure as to whether Final Order was passed by the PO of DRT, based on OA, typeset of documents, your Reply Statement, Proof Affidavit of bank, your Counter Proof Affidavit and also referring to the Final Arguments of both parties. If not, pray for setting aside the Final Order.
