1995 INSC 0922
                                                       Manohar

                                                           Vs

                                          State of Karnataka and Others

                                         Civil Appeal No. 10213 of 1995

                                       (K. Ramaswamy, B. L. Hansaria JJ)

                                                      02.11.1995

                                                        ORDER

1. Leave granted.

2. In spite of an opportunity having been given to the respondents to file counter-affidavit by our
order dated 11-10-1993, till date no counter-affidavit has been filed. The Tribunal had dismissed the
case on the ground of laches. In view of the fact that the respondents have no controverted the
explanation given for the laches, we find that there is some justification for the appellant to file the
proceedings at a 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.

3. The appeal is disposed of accordingly. No costs.