Counter Affidavit to Special Leave Petition under Article 136

IN THE MATTER OF:

Name of Petitioner
...PETITIONER

VERSUS

Name of Respondent(s)
...RESPONDENT(S)

COUNTER AFFIDAVIT ON BEHALF OF RESPONDENT NO. ____

I, name of deponent, aged about ____ years, S/o / D/o / W/o ____________, presently designation, if any, residing at / having office at ____________________________________________, do hereby solemnly affirm and state as follows:

1. Authority and competence. I am Respondent No. __ / authorised officer / authorised representative in the above matter and am duly competent and authorised to swear the present counter affidavit. I am acquainted with the facts from personal knowledge / official records / both.

2. Receipt and understanding of the SLP. I have read and understood the Special Leave Petition and accompanying applications/documents. Save and except what is expressly admitted herein, the allegations, submissions and inferences contrary to this counter affidavit are denied.

3. Purpose of the counter affidavit. The present counter affidavit is filed to place the Respondent's objections to grant of special leave, correct the factual position where necessary, answer the grounds/questions raised in the SLP and oppose the interim relief sought.

PRELIMINARY OBJECTIONS / SUBMISSIONS

4. No case for exercise of Article 136 jurisdiction. The Petitioner has not made out a case warranting exercise of the discretionary jurisdiction under Article 136 because state case-specific reasons: concurrent findings / absence of perversity / disputed facts / adequate reasoning / no grave miscarriage of justice / other reason.

5. Impugned judgment sustainable. The judgment/order dated ____________ passed by the High Court / Tribunal / Court is reasoned, lawful and based on the material on record. The principal findings are summarise accurately.

6. Material suppression / maintainability objection, if applicable. The SLP is liable to be rejected/dismissed because state only a legally supportable objection-delay, suppression, alternative statutory remedy, lack of locus, finality of fact findings, procedural defect, etc..

7. Record below. The Respondent relies upon the pleadings and documents forming part of the record before the court/tribunal below, including identify relevant items. Any additional document sought to be produced will be placed on record only in accordance with the applicable Supreme Court procedure.

REPLY TO QUESTIONS OF LAW

8. The alleged questions of law at Questions A to __ do not arise in the manner suggested. Without prejudice, the Respondent replies as follows:

Question	Respondent's reply
A	Specific answer referring to the impugned judgment and governing law
B	Specific answer
C	Specific answer

REPLY TO SYNOPSIS AND LIST OF DATES

9. The synopsis and list of dates are admitted only to the extent they correctly reproduce the record. The Respondent specifically disputes identify date/event/characterisation for the following reasons: ____________.

PARA-WISE REPLY ON MERITS

10. Reply to paragraph 1: Admitted as matter of record / denied / partly admitted, followed by concise reason.

11. Reply to paragraph 2: Specific response.

12. Reply to paragraphs 3 to __: Deal separately with material averments; combine only paragraphs that genuinely call for a common reply.

REPLY TO GROUNDS

13. Ground A: The ground is denied. Give a focused response identifying the relevant finding/evidence/law.

14. Ground B: Specific reply.

15. Grounds C to __: Specific or grouped response where appropriate.

REPLY TO INTERIM RELIEF

16. The prayer for interim relief is opposed. The Petitioner has not established the requirements for such relief because state case-specific reasons concerning prima facie case, balance of convenience, irreparable prejudice, public interest, conduct, delay or consequences of stay.

17. If an interim order has already been passed, the Respondent respectfully seeks its vacation/modification because state reasons and prejudice caused.

REPLY TO PRAYER / CONCLUSION

18. In view of the facts and submissions above, it is respectfully submitted that the Special Leave Petition does not warrant grant of leave and is liable to be dismissed. The interim application(s), if any, are also liable to be dismissed / the interim order is liable to be vacated or modified, as the case may be.

PRAYER

It is therefore respectfully prayed that this Hon'ble Court may be pleased to:

a. dismiss the Special Leave Petition;

b. dismiss the application for interim relief and/or vacate or modify any interim order already operating, as may be appropriate;

c. pass such other or further order as this Hon'ble Court may deem fit in the interests of justice.

DEPONENT

VERIFICATION

I, the above-named Deponent, verify that the statements in paragraphs ____ to ____ are true to my personal knowledge, the statements in paragraphs ____ to ____ are based on records maintained in the ordinary course and believed by me to be true, and the legal submissions are based on advice received and believed to be correct. No material fact has been concealed.

Verified at ____________ on this ____ day of ____________, 20__.

DEPONENT