Original application in maharashtra administrative tribunal

Under Rule 18 of MAT (Procedure) Rules, 1988, the respondents are required to file their reply within 30 days of service of notice, or within such further time as the Tribunal may allow.

while 30 days is the standard, the Tribunal has discretion to extend the time if the respondents show sufficient cause for delay.

If the respondents fail to file a reply within 30 days and no extension has been sought or granted, you (the applicant) can move an application before the Tribunal praying for:

> “To proceed with the matter ex-parte against the respondents for failure to file reply within the prescribed period.

This means the Tribunal can:

Record that the respondents were given opportunity but failed to reply, and

Proceed to hear and decide the case on the basis of your pleadings and evidence.

You may pray before the MAT for  issuance of necessary directions and close opportunity of respondents to file their counter affidavit. 

Such time limits are directory, not mandatory.

Respected sir , I agree with your answer ; but then it would be miscellaneous application in the original application . Am I correcct ? Then whether it is necessary to serve copy of such miscellaneous application on respondents or to directly file in the tribunal ? Similarly one more query is whether tribunal call reply on such miscellaneous application. If so, then matter will again be prolonged. I am very grateful for your guidance sir. Thank you so much.

Yes, you are right, it will be Misc. Application.

Of course it has to be served to respondent(s) before being accepted by registry.

If the opposite party is properly served, it (opposite) may argue without filing reply, oherwise, their reply will be sought by Tribunal.

Yes, you can file the MA duly serving copy on the standing counsel who is appearing in the matter. Generally, such application would be disposed at the first hearing with directions to the respondent.

Respected sir, I will comply with the procedure suggested by you. The tribunals are consists of non judicial members which works on their whims and caprices. Thats the main hurdle in judicial proceedings .When respondents are not filing reply to original application , forget about the miscellaneous application.  Calling reply on miscellaneous application for exparte hearing is itself shows the lack of judicial mind. Well , I will prceed further and let you know. Thank you sir for your guidance.

It's your misconception and disbelief with the non-judical members of  any Tribunal, untill you have personally experienced.

Non-judicial member(s) of a Tribunal are expert, well experienced and mature on the subject.

Respected sir , I am highly grateful for your guidance. Thank you so much.