Vs. State of Karnataka & Ors  INSC 623 (2 November 1995)
K. Ramaswamy, K. Hansaria B.L. (J)
1995 SCC Supl. (4) 218 JT 1995 (8) 404 1995 SCALE (6)370
O R D
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.
appeal is disposed of accordingly. No costs.