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Judgment
Bhaskar Raj Pradhan, J
The respondent no.5 who had failed to appear before this court in spite of notice having been received by him as per the postal report now appears in person as well as through Mr. S.K. Chettri, learned Counsel. He desires to file a counter-affidavit.
Mr. Karma Thinlay, learned Senior Advocate appearing for the petitioners submits that the conduct of the respondent no.5 of not appearing in spite of notice reflects that there is a concerted effort to delay the proceedings as the matter relates to tender. Counter-affidavit is necessary. The careless attitude of respondent no.5 is however not acceptable. In the circumstances, the respondent no.5 is granted further time till 03.11.2022 to file his counter-affidavit as a last opportunity. The petitioner may file rejoinder, if required on the 04.11.2022 as prayed for.
The matter shall be listed on 08.11.2022 for hearing.