Section 10 – THE CYBER REGULATIONS APPELLATE TRIBUNAL (PROCEDURE) RULES,2000

10. Service of notice of application on the respondents.—

(1) 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 favor of the Registrar and payable at the station where Registrar’s office is situated or remitted through a crossed Indian Postal Order drawn in favor 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:—

a. notice of the application has been served on the Government, if Government is respondent;

b. 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.

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