DEBASISH.M1 (MBA) 13 June 2012

How to ask for adjournment of matter before drt

Dear Sir,

How can an applicant ask for adjournment of matter before DRT to a next date without his counsel ?

What is the format and process for it before DRT ?
Here the applicant will be looking to change the counsel wherefor approching DRT before the date of posting to postpone for 30days before he can be represented by his new counsel .

Example: The date of posting is on 20th June and the applicant is approching by 18th june to adjourn the matter till 18thJuly.

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4 Replies

pervez (adviser) 13 June 2012

You can write to concerned Registrar of DRT, giving full facts and requesting for another date.. Needless to mention, NOC from existing [ present] lawyer would be required... The same you can seek from advocate in advance or at the time of next hearing i.e. on June 20, 2012...

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 13 June 2012

An adjournment may be sought under the rules where a case has called, proceedings have begun or

the case has been part heard.

Hearings should not be adjourned unless it can be shown that failing to do so will create a potential

injustice. Requests for adjournments made without sufficient and demonstrated reasons to justify them

should only be granted in exceptional circumstances.

The Panel must exercise its discretion carefully, with due regard to the crucial need that the

Respondent or Appellant has the right to a fair hearing and that the convenience of the parties or their

representatives is not sufficient reason for an adjournment.

An adjournment can be made at any time during proceedings. Where a request for adjournment is

made between hearing dates, it should be made in writing to the relevant Servicing Officer as soon as

possible in advance of the next scheduled hearing date in order that a decision may be made on it in

advance of that date.

In determining an application for adjournment, the Panel will consider whether, in all the circumstances

the request is reasonable taking into account:

 the reasons for the request;

 whether the case has previously been posted

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 13 June 2012

general need to avoid delay in the conduct of proceedings

 where the adjournment is sought by the Presenting Officer, the interests of the Respondent or

Appellant in having the matter dealt with, balanced with the public interest;

 where the adjournment is sought by the Respondent or Appellant, if not granted, whether the

respondent will be able to fully present his or her defence and, if not the degree to which the ability

to do so is compromised;

 the likely consequences of the adjournment and its potential impact upon the ability for witnesses to

recollect events where facts have to be proved;

 the history of the case and whether there have been earlier postponements or adjournment and at

whose request and why

DEBASISH.M1 (MBA) 13 June 2012

Dear Sir,

Thanks for your replies.

In this EXCEPTION case the my counsel is delaying to grant the NOC before 20th June due to his unavailability in town for few weeks as well no - cooperation .

What is the alternative available to get the adjournment of the matter done till a new learned counsel to argue the matter for me ?

I will pursue him to give me the NOC after taking the adjournment.