WHat is the process of reopening of case in CAT

591 votes

So far refiling of the case is concerned yes it can be done but it also depends upon the ground on the basis of which your case was dismissed. From your query what i understand is that there was some issue with the memo of parties,then in that case after rectifying the mistake the case can be refiled.
But again the dismissal order needs to be read carefully before it is refiled.

Advocate Yoothica Pallavi LawRato

865 votes

Procedure for filing applications. (1) An application to the Tribunal shall be presented in Form I by the applicant in person or by an agent or by a duly authorized legal practitioner to the Registrar or any other officer authorized in writing by the Registrar to receive the same or be sent by Registered Post with Acknowledgement duly addressed to the registrar of the Bench concerned. (2) The application under sub-rule (1) shall be presented in triplicate in the following two compilations- (i) Compilation No. 1. - application along with the impugned order, if any ; (ii) Compilation No. 2. - all other documents and annexures referred to in the application in a paper book form. (3) Where the number of respondents is more than one, as many extra copies of the application in paper-book form as there are respondents together with unused file size envelope bearing the full address of each respondent shall be

furnished by the applicant : Provided that where the number of respondents is more than five, the Registrar may permit the applicant to file the extra copies of the application at the time of issue of notice to the respondents.
(4) The applicant may attach to and present with his application a receipt slip in Form II which shall be signed by the Registrar or the officer receiving the application on behalf of the Registrar in acknowledgement of the receipt of the application.Contents of application. - (1).Every application filed under rule 4 shall set forth concisely under distinct heads the grounds for such application. Such grounds shall be numbered consecutively. Every application including any miscellaneous application shall be typed in double space on one side on thick paper of good quality. (2) It shall not be necessary to present a separate application to seek an interim order or direction if in original application the same is prayed for. (3) An applicant may, subsequent to the filing of an application under section 19 of the Act, apply for an interim order or direction. Such an application shall, as far as possible, be in Form III. (4) Where the applicant seeks condonation of delay, he shall file a separate application supported by an affidavit.

Advocate Prerna Jain LawRato

769 votes

Yes, u can refile, don't try to be advocate otherwise u will loose ur case in future , engage a lawyer for ur betterment, u can fix a meeting along with documents, we will handle ur case proper manner.

Advocate Alok Rattan LawRato