Hello
A petition can be filed in the hc under 227 for expeditious disposal of the case pending in drat.
Regards
Please advise for order reserved pending in drat since 11 months & can we get direction for drt to decide our case in time bound manner . can writ under 227 be filed in DIVISION BENCH of hc for issues wit direction to both .
Hello
A petition can be filed in the hc under 227 for expeditious disposal of the case pending in drat.
Regards
Dear client
If the order is reserved for the past 11 months than DRT has to hear the arguments again as per the SC Judgment which states that if order has not been passed within 90 days of the final arguments then the arguments have to be heard afresh.
A writ under 227 can be filed in HC before a single bench and not DB. However the appeal may lie to DB.
Adv vikas
Dear Sir,
There are no means to expedite the proceedings once an order is reserved. Consequently, ny writ for directions to drt to do so would not be possible, much less fruitful. However, as a means to remind the judge u can mention it before the concerned judge to pass that. More importantly, if you can mention before the judge about the nature of property or there is an urgency of any sort , in that case the reserved order may culminate into a judgment/order.
Writ can be filed in high court under article 226 and 227 of the Indian Constitution, but the matter would be heard by a single bench and not on divisional bench initially.
If you are not satisfied with the orders of the single bench you can prepare an appeal before the Divisional bunch of the High Court.
High Court can order it subordinate Court to decide the case in a time bound manner and in an expeditious Manner.
1. Surely the petition under Article 227 can be filed to seek positive directions to DRAT to deliver the judgment reserved 11 months ago.
2. DRAT is amenable to the jurisdiction of the HC under Article 226 and 227 of the Constitution of India.
Hes,
Justice ganguly in the 2g scam case has said that no judgment can be reserved for more than 3 months.
Justice delayed is Justice denied and you have all the right to approach the HC under article 227.
Regards
Hello,
You cannot approach the DRT to instruct DRAT as it is tge higher forum but you can file a writ in the HC with special reasons for expediting the process .
Regards
Firslty, as it has been mentioned in your query that the order has been reserved for last 11 months.
Secondly, now, what you can do is that you may file an application before the same forum requesting for the order to be passed as soon as possible.
Thirdly, this is the perfect way of going rather than filing a Writ. Try this first, if no result thenyou may go for the same.
Please clarify a little more what order is reaerved .Often it happens we rush to something and it turns against us.
File a writ petition in high court for a direction to pass order within a few weeks or months.
This should be done after mentioning the matter in the DRAT.
You may have to await the passing of of orders by DRAT.
The high court direction may not be very effective.
You may ask your advocate to put pressure on court.