JAWAHARLAL NEHRU PORT TRUST Vs. MAHARASHTRA ELECTRICITY
CENTRAL ELECTRICITY REGULATORY COMMISSION
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M.KARPAGA VINAYAGAM, J. -
(1.)JAWAHARLAL Nehru Port Trust is the Applicant/Appellant herein.
(2.)AS against the impugned order dated 31.5.2008 passed by the Maharashtra State Commission (R -1) creating a new category namely HT -II Commercial and putting the Appellant in the said Category on the Petition filed by the Maharashtra State Electricity Distribution Company (R -2) for the approval of ARR and the Tariff, the Appellant has filed the Appeal before this Tribunal.
(3.)EVEN though the impugned order had been passed as early as on 31.5.2008, the Appellant has filed the Appeal only on 25.8.2009. Thus, there was a long delay of 357 days. Hence, the Appellant filed the application in IA No.306 of 2011 along with the Appeal praying for the condonation of said delay of 357 days in filing the Appeal.
The Registry, after finding out some defects in the Appeal papers, issued communication to the Appellant/Applicant on 2.9.2009 intimating the defects and asking the Appellant to cure those defects within 7 days. But those defects have been cured only in November, 2011 and the Appeal papers have Page 2 of 9 been represented only on 11.11. 2011. Thus, there was again a delay of 469 days in representation of the Appeal papers. Hence the Applicant has filed another application in IA No.305 of 2011 to condone the delay of the said 469 days in representing the papers after curing the defects. Thus there are two phases of period of delay (1) between the date of the impugned order and the date of filing the Appeal and (2) the date of defect notice and date of representation.
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