Full Judgment Text
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PETITIONER:
SRI MANOHAR
Vs.
RESPONDENT:
STATE OF KARNATAKA & ORS.
DATE OF JUDGMENT02/11/1995
BENCH:
RAMASWAMY, K.
BENCH:
RAMASWAMY, K.
HANSARIA B.L. (J)
CITATION:
1995 SCC Supl. (4) 218 JT 1995 (8) 404
1995 SCALE (6)370
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Leave granted.
In spite of an opportunity having been given to the
respondents to file counter-affidavit by our order dated
October 11, 1993, till date no counteraffidavit has been
filed. The Tribunal had dismissed the case on the ground of
laches. In view of the fact that the respondents have not
controverted the explanation given for the laches, we find
that there is some justification for the appellant to file
the proceedings at belated stage. However, the relief cannot
be granted here since no counter-affidavit has been filed in
the circumstances, we remit the matter to the Tribunal to
examine the case on merits and dispose of the matter
according to law.
The appeal is disposed of accordingly. No costs.