S K SRIVASTAVA Vs. STATE TRANSPORT APPELLATE TRIBUNAL

JUDGEMENT

(1.) CLMA No. 4623 of 2008 : On 10th October, 2007, four weeks' time was given to the respond ents to file the counter affidavit. There after, about half a dozen adjournments were obtained by the respondents for fil ing the counter affidavit and yet the coun ter affidavit was not filed. On 9th July, 2008, the Court passed a specific order closing the right of the respondents to file the counter affidavit because the counter affidavit had not been filed till that date.

(2.) THROUGH the medium of this Ap plication, the following prayer has been made : "it is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to grant permission to the applicant / respondent no. 2 to file counter affidavit condoning the delay caused in filing the coun ter affidavit in the present writ peti tion and further be pleased to take the counter affidavit on record, and / or pass such other / further order (s), which this Hon'ble Court may deem fit and proper in the circumstances of the case. "

(3.) SECONDLY, neither in the Appli cation nor in the supporting affidavit, has one word been written as to why did the respondents not file the coun ter affidavit in the past 9 months. There is no explanation whatsoever as to why could the respondents not file the counter affidavit in last 9 months.