(1) Each person to whom the notice of inquiry or the petition is issued (hereinafter called “the respondent”) who intends to oppose or support the petition shall file the reply and the documents relied upon within such period with ten copies and in such number of copies as may be directed by the Commission.
(2) In the reply filed, the respondent shall specifically admit, deny or explain the facts stated in the notice of inquiry or the petition and may also state such additional facts as he considers necessary for a just decision of the case.
(3) The reply shall be signed and verified and supported by affidavit in the same manner as in the case of the petition. The respondent shall also indicate whether he wishes to participate in the proceedings and be orally heard.
1 [(4) Subject to the provisions of sub-regulation (6), every party to a petition, who intends to file a reply, written statement, rejoinder, objection, or application, in regard to a matter pending before the Commission, shall supply in advance, along with the documents and Annexures, as the case may be, a copy of reply, written statement, rejoinder or the application to an officer, designated by the Commission for this purpose and also to the opposite party or his Counsel or his authorized representative at least two days before the actual date of hearing, and file in accordance with the provisions of sub-regulation (4) of regulation 16 the proof to that effect with the office of the Commission:
Provided that in case the opposite party or his Counsel or his authorized representative is not available and the copy cannot be supplied, a note to that effect shall be made on the application:
Provided further that in exceptional and unforeseen circumstances, such reply, written statement, rejoinder or application may be presented, on a day, before such date, by 11 am]
(5) Where the respondent states additional facts, the Commission may allow the petitioner to file a rejoinder to the reply filed by the respondent. The procedure mentioned above for filing of the reply shall apply mutatis mutandis to the filing of the rejoinder.
(6) Every person who intends to file objections or comments in regard to a matter pending before the Commission, pursuant to the publication issued for the purpose (other than the persons to whom notices, processes, etc. have been issued calling for reply) shall deliver to the Receiving Officer the statement of the objections or comments with copies of the documents and evidence in support thereof within the time fixed for the purpose.
(7) The Commission may permit such person or persons as it may consider to be appropriate to participate in the proceedings before the Commission, if on the report received 1 Subs. vide not. No. HPERC/151/2007 dated 14 th January, 2008 , published in the R.H.P. dated 15 th January, 2008 at p.11495-11498 and before its substitution it stood as under:- “(4) The respondent shall serve a copy of the reply alongwith the documents duly attested to be true copies on the petitioner or his authorized representative and file proof of such service with the office of the Commission at the time of filing the reply.” 14 from the Officer, the Commission considers that the participation of such person or persons will facilitate the proceedings and the decision in the matter.
(8) Unless permitted by the Commission, the person filing objections or comments shall not be entitled to participate in the proceedings. However, the Commission shall take into account the objections and comments filed.