SURYACHAKRA POWER CORPORATION LIMITED Vs. ELECTRICITY DEPARTMENT
LAWS(SC)-2016-9-86
SUPREME COURT OF INDIA
Decided on September 22,2016

Suryachakra Power Corporation Limited Appellant
VERSUS
ELECTRICITY DEPARTMENT Respondents

JUDGEMENT

KURIAN, J. - (1.) This appeal is filed under Section 125 of the Electricity Act, 2003. Interlocutory Application No. 1 of 2015 is for condonation of 161 days' delay in filing the appeal. The main ground in the application is that the delay occurred on account of the time taken by the appellant in prosecuting a review petition before the Appellate Tribunal for Electricity.
(2.) It is seen from the application for condonation of delay that the original order of the Appellate Tribunal was passed on 28.11.2014. A certified copy of the order was obtained on 17.12.2014. Review petition was filed on 25.02.2015 beyond the period of limitation of 30 days. We are informed that the Appellate Tribunal had condoned the delay and entertained the review petition.
(3.) Be that as it may, on 07.05.2015, the review petition was dismissed as withdrawn. According to the appellant and as stated in the application for condonation of delay before this Court, the review petition was withdrawn with a view to filing the present appeal before this Court. After the dismissal of the review petition on 07.05.2015, the present appeal is filed before this Court on 07.07.2015. It is stated in the application that the delay occurred on account of the summer vacations, and thus, there is a total delay of 161 days.;


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