Opponent not filling reply.

prakash (Querist) 01 May 2012 This query is : Resolved
I HV REGISTERED A CASE IN HON. CAT. OPPONENT HAS NOT FILLED REPLY TILL NOW. 3 DATES HAS BEEN GIVEN BY REGISTRAR & 3 BY BENCH. WHAT CAN BE DONE?

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Devajyoti Barman (Expert) 01 May 2012
Ask the Tribunal to fix the matter for ex parte hearing so on the next occasion the OP files Opposition invariably.

ajay sethi (Expert) 01 May 2012
in case on next date if tribunal is inclined to grant an adjournment ask for payment of costs and last chance be granted for filing reply .

Sudhir Kumar, Advocate (Expert) 01 May 2012
CAT is generally very liberal to the defendeent (Govt) but not till infinity.

Suhail A.Siddiqui (Expert) 01 May 2012
It is always better to provide opportunity for the completion of normal course of law.Tribunal never biased with complainant or defendant, but u must show your eagerness.After completion normal course of law/procedure tribunal will deliver balance decision.

R.K Nanda (Expert) 02 May 2012
Press CAT for the imposition of heavy cost
for any further date to OP.

dev kapoor (Expert) 03 May 2012
My dear Parkash,"Endurance" is such a nice word that mighty have developed to keep the weaker subdued.All above answer also exhibit the same sychology of human nature.No advocate would darev to tell the CAT ppl to 'close right' of the respondent to file reply.Automatic adjournments hv not to be granted & there has been a continuous command from the Apex Court 'adjournments are not to be granted on the mere asking of a party'.But Courts have been following such orders with impunity.Why doesn't one files a Contempt of Court petition before the Court or CAT for NOT FOLLOWING the SC Judgment by granting UNNECESSARY ADJOURNMENT.What the courts do-initially grant a few adjournments,then some adjournments with costs,then last opportunity,then last & final opportunity then 'if needful is not done on next date of hearing appropriate order will be passed' and they device some more may to adjourn the case at the cost of unnecessary harassment of one party or the other..... AND then arrange Conferances,Workshops,Seminaars etc to 'find out CAUSES & CURES FOR DELAYS IN COURTS".... Only SQUANDERING PUBLIC MONEY?Let them sweep before their own door.
Mr.Parkash, I am not optimistic but suggest you to file an application before the CAT(whosoevrer takes up your file) mentioning all the past dates stating that the respondent has already enjoyed the indulgence of the Hon'ble Court & his right may be closed.
Regarding Heavy costs,what the courts usually mean by 'heavy costs'is Rs. 100-500/- least worrying what you have spent or what you have lost or what you are expect to lose by attending CAT/COURT frequently WITHOUT ANY FRUITFUL ORDERS.Even entire Society is taking all this practice with a pinch of salt.Havn't you watched Sunny Deol's Movie....???!!!
ENDURE, Mr. Parkash,Endure.....!