Section 10 in Telangana State Micro and Small Enterprises Facilitation Council Rules, 2017
10. Hearings and written proceedings.
(1)On receipt of the statement of Defense and if the amount of deposits be paid by the parties, the Council shall send a copy of the statement of Defense to the claimant and fix a date for appearance and hearing of the parties and issue notice by registered post in Form (5).(2)If the respondent fail or omit to send a statement of Defense within the stipulated time given to him, the Council shall proceed to fix a date for the appearance and hearing of the parties and issue notice by registered post in Form (5).Provided that if the respondent failed or omitted to pay his share of the deposit the Council shall call upon the claimant to pay that share also within fifteen days of receipt of the notice.Provided further that if the claimant has not paid the aforesaid share, the Council may suspend or terminate the proceedings.(3)At the first hearing, the Council shall not proceed to enter upon the merits of the subject-matter in dispute till it has decided on any challenge to jurisdiction or any challenge to any of its members.(4)The Council shall decide whether to hold oral hearings for the presentation of evidence or for argument, or whether proceedings shall be conducted on the basis of documents and other materials:Provided that the Council shall hold oral hearings at an appropriate stage of the proceedings, on request by a party, unless the parties have agreed that no oral hearing shall be held.(5)All statements, documents or other information supplied to, or applications made to the Council by one party, shall be communicated to the other party, and any expert report or evidentiary document on which the Council may rely in making its decision shall be communicated to the parties.(6)Where without cause:(a)The claimant fails to communicate his statement of claim in accordance with these rules and sub-section (1) of Section 23 of the Arbitration and Conciliation Act, 1996 the Council shall terminate the proceedings.(b)The respondent fails to communicate the statement of Defense in accordance with these rules and sub-section (1) of Section 23 of the Arbitration and Conciliation Act, 1996 the Council shall continue the proceedings without treating that failure in itself as an admission of the allegations made by the claimant.(c)A party fails to appear at an oral hearing or to produce documentary evidence, the Council may continue the proceedings and make the arbitral award on the evidence before it.(7)The Council may with the agreement of the parties, at any time during the proceedings, use mediation, conciliation or other procedures to encourage settlement of the dispute under Section 30 of the Arbitration and Conciliation Act, 1996.(8)The Council shall conduct its proceedings at such place as the Government may specify in the notification.(9)The Council, on such terms as it may think fit at any stage for reasonable or sufficient cause, adjourn the hearing from time to time but it shall so conduct the proceedings that the decision is given as far as possible within ninety' days of the first date of hearing.(10)At any stage of the proceedings, if the parties jointly mutually apply to the Council that the proceedings be terminated, then the Council shall terminate the proceedings.
