Sri Manohar v. State of Karnataka and Ors.

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 H 725 72fJ SUPREME COURT REPORTS (1995) SUPP. 4 S.C.R. A counter-affidavit has been filed. The Tribunal had dismissed the case on the ground of !aches. In view of the fact that the respondents have not controverted the explanation given for the !aches, 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 B 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. G.N. Appeal disposed of. . "-