A Securitisation Application field by the alleged tenant has been dismissed with protection for 4 weeks by DRT. Appeal feild before DRAT . Misc App in Appeal for stay has not been considered. Appallent filed MA before DRT stating that DRAT has directed to file MA for extension of stay and no document like Roznama filed. But advocate filed affidavit stating that orally DRAT directed to file said MA before DRT. DRT has extended despite opposition from Bank. During appeal DRAT again not granted stay but MA filed before DRT stating same oral direction and obtained extension of stay. Bank taken defence that " the DRT is "functus officio" and filed 3 S.C judgemnts. the questions are as under :
1. whether once final order passed and matter feild before DRAT , can DRT entertain MA and pass order. Is it not " functus Officio"?
2. whether without any documents and simplly an affidavit of advocate, DRT can pass such order?
3. can DRT only accept one side affidavit and reject bank offical's affidavits?
4. can an advocate file such affidavit when there is no such direction ?
5. what are the remedey availble and can writ lie to question the "functus officio"?
6. what is binding nature of comments or statement of DRT/DRAT ? how can proove the same?
R.Rajendrakumar
