Case Note & Summary
The petitioner, Adani Power Maharashtra Limited, challenged an order dated 6.4.2009 passed by the Superintending Engineer, Nagpur Region, Electrical Inspection Circle, which rejected its appeal under Section 127 of the Electricity Act, 2003 on the ground of delay. The petitioner had filed an appeal against an assessment order under Section 126 of the Act, but the appeal was filed beyond the 30-day period prescribed under Section 127(1). The appellate authority dismissed the appeal solely on the ground of limitation without considering the merits of the delay. The petitioner contended that the appellate authority had the power to condone the delay under Section 5 of the Limitation Act, 1963, which applies to appeals under special statutes unless expressly excluded. The respondents argued that the limitation period under Section 127 is mandatory and cannot be extended. The court examined Section 127 of the Electricity Act, 2003 and noted that it does not expressly exclude the application of Section 5 of the Limitation Act, 1963. The court held that the appellate authority has the power to condone delay if sufficient cause is shown, and the rejection of the appeal solely on the ground of delay without considering the explanation was erroneous. The court set aside the impugned order and directed the appellate authority to hear the appeal on merits after considering the application for condonation of delay. The writ petition was allowed with no order as to costs.
Headnote
A) Electricity Law - Appeal - Limitation - Section 127 Electricity Act, 2003 - Condonation of Delay - The appellate authority under Section 127 of the Electricity Act, 2003 has the power to condone delay in filing an appeal beyond the prescribed period of 30 days, as Section 5 of the Limitation Act, 1963 applies to appeals under special statutes unless expressly excluded. The court held that the appellate authority erred in rejecting the appeal solely on the ground of delay without considering the merits of the explanation for delay. (Paras 2-5)
Issue of Consideration
Whether the appellate authority under Section 127 of the Electricity Act, 2003 has the power to condone the delay in filing an appeal beyond the prescribed period of 30 days.
Final Decision
The court allowed the writ petition, set aside the order dated 6.4.2009, and directed the appellate authority to hear the appeal on merits after considering the application for condonation of delay. No order as to costs.
Law Points
- Limitation period for appeal under Section 127 of Electricity Act
- 2003 is 30 days
- appellate authority has power to condone delay
- Section 5 of Limitation Act
- 1963 applies to appeals under special statutes unless expressly excluded.
Case Details
2010 LawText (BOM) (02) 118
Writ Petition No.5482 of 2009
S.A. Bobde, Smt. Vasanti A. Naik
Shri A.J. Pophaly for petitioner, Shri S.J. Jichkar for respondent no.1, Shri A.M. Quazi for respondent no.2
Adani Power Maharashtra Limited
The Superintending Engineer, Nagpur Region, Electrical Inspection Circle, Industries Energy and Labour Department, Nagpur and The Executive Engineer, Maharashtra State Electricity Distribution Company Limited, O&M Division, Gondia
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Nature of Litigation
Writ petition challenging the order of the appellate authority rejecting the petitioner's appeal under Section 127 of the Electricity Act, 2003 on the ground of delay.
Remedy Sought
The petitioner sought to set aside the order dated 6.4.2009 rejecting its appeal on limitation and to direct the appellate authority to hear the appeal on merits.
Filing Reason
The petitioner's appeal under Section 127 of the Electricity Act, 2003 was rejected by the Superintending Engineer on the ground that it was filed beyond the 30-day limitation period.
Previous Decisions
The appellate authority rejected the appeal on 6.4.2009 solely on the ground of delay without considering the merits.
Issues
Whether the appellate authority under Section 127 of the Electricity Act, 2003 has the power to condone delay in filing an appeal beyond the prescribed period of 30 days.
Submissions/Arguments
Petitioner argued that the appellate authority has the power to condone delay under Section 5 of the Limitation Act, 1963, which applies to appeals under special statutes unless expressly excluded.
Respondents argued that the limitation period under Section 127 is mandatory and cannot be extended.
Ratio Decidendi
The appellate authority under Section 127 of the Electricity Act, 2003 has the power to condone delay in filing an appeal beyond the prescribed period of 30 days, as Section 5 of the Limitation Act, 1963 applies to appeals under special statutes unless expressly excluded. The rejection of an appeal solely on the ground of delay without considering the explanation for delay is erroneous.
Judgment Excerpts
Section 127 of the Electricity Act, 2003 reads as follows : “Section 127 – Appeal to appellate authority - (1) Any person aggrieved by a final order made under Section 126 may, within thirty days of the said order, prefer an appeal... (2) No appeal against an order of assessment under sub-section (1) shall be entertained unless an amount equal to half of the assessed amount is deposited... (3) The appellate authority referred to in sub-section (1) shall dispose of the appeal after hearing the parties and pass appropriate order... (4) The order of the appellate authority referred to in sub-section (1) passed under sub-section (3) shall be final. (5) No appeal...”
The appellate authority has the power to condone delay if sufficient cause is shown, and the rejection of the appeal solely on the ground of delay without considering the explanation was erroneous.
Procedural History
The petitioner filed an appeal under Section 127 of the Electricity Act, 2003 against an assessment order under Section 126. The appellate authority rejected the appeal on 6.4.2009 on the ground of delay. The petitioner then filed the present writ petition challenging that order.
Acts & Sections
- Electricity Act, 2003: 126, 127
- Limitation Act, 1963: 5
