THE CYBER REGULATIONS APPELLATE TRIBUNAL (PROCEDURE) RULES, 2000

Plural remedies.—

An application shall be based upon a single cause of action and may seek one or more reliefs provided they are consequential to one another.

Service of notice of application on the respondents.—

(l) A copy of the application in the paper-book shall ordinarily be served on each of the respondents by the Registrar in one of the following modes:—

(i) hand delivery (dasti) through the applicant or through a process server; or
(ii) through registered post with acknowledgement due.

(2) Notwithstanding anything contained in sub-rule (1), the Registrar may, taking into account the number of respondents and their places of residence or work and other circumstances direct that notice of the application shall be served upon the respondents in any other manner including any manner of substituted service, as it appear to the Registrar just and convenient.

(3) Every applicant shall pay a fee for the service or execution of processes, in respect of an application where the number of respondents exceeds five, as under—

1. a sum of Rs. 50 (Rupees fifty) for each respondent in excess of five respondents; or

2. where the service is in such manner as the Registrar may direct under sub-rule (2), a sum not exceeding the actual charges incurred in effecting the service as may be determined by the Registrar.

(4) The fee for the service or execution of processes under sub-rule (3) shall be remitted by the applicant either in the form of a crossed Demand Draft drawn on a Scheduled Bank in favour of the Registrar and payable at the station where Registrar’s office is situated or remitted through a crossed Indian Postal Order drawn in favour of the Registrar and payable in General Post Office of the station where the Tribunal is located.

(5) Notwithstanding anything contained in sub-rules (1), (2), (3) and (4), if the Tribunal is satisfied that it is not reasonably practicable to serve notice of application upon all the respondents, if may for reasons to be recorded in writing, direct that the application shall be heard notwithstanding that some of the respondents have not been served with notice of the application, provided that no application shall be heard unless—

notice of the application has been served on the Government, if Government is respondent;
notice of the application has been served on the authority which passed the order against which the application has been filed;
and the Tribunal is satisfied that the interests of the respondents on whom notice of the application has not been served are adequately and sufficiently represented by the respondents on whom notice of the application has been served.

Filing of reply and other documents by the respondent.—

(1) The respondent shall file six complete sets containing the reply to the application along with the documents in a paper-book form with the Registrar within one month of the date of service of the notice of the application on him.

(2) The respondent shall also serve a copy of the reply along with copies of documents as mentioned in sub-rule (1) to the applicant or his advocate, if any, and file proof of such service with the Registrar. The Tribunal may, on application by the respondent, allow filing of the reply after the expiry of the period of one month.

Date and place of hearing to be notified.—

The Tribunal shall notify to the parties the date and the place of hearing of the application.

Sittings of the Tribunal.—

The Tribunal shall ordinarily hold its sittings at New Delhi:

Provided that, if at any time, the• Presiding Officer of the Tribunal is satisfied that circumstances exist which render it necessary to have sittings of the Tribunal at any place other than New Delhi the Presiding Officer may direct to hold the sittings at any such appropriate place.

Decision on applications.—

(1) Tribunal shall draw up a calendar for the hearing of transferred cases and as far as possible hear and decide the cases according to the calendar.

(2) Every application shall be heard and decided, as far as possible, within six months of the date of its presentation. –

(3) For purposes of sub-rules (1) and (2), the Tribunal shall have the power to decline an adjournment and to limit the time for oral arguments.

Action on application for applicant’s default.—

(1) Where on the date fixed f Or hearing of the application or on any other date to which such hearing may be adjourned, the applicant does not appear when the application is called on for hearing, the Tribunal may, in its discretion, either dismiss the application for default or hear and decide it on merit.

(2) Where an application has been dismissed for default and the applicant appears afterwards and satisfies the Tribunal that there was sufficient cause for his nonappearance when the application was called on for hearing, the Tribunal shall make an order setting aside the order dismissing the application and restore the same.

Hearing on application ex-parte.—

(1) Where on the date fixed for hearing the application or on any other date to which hearing is adjourned, the applicant appears and the respondent does not appear when the application is called on for hearing, the Tribunal may, in its discretion, adjourn or hear and decide the application ex-parte.