- (1.) THIS is the application to condone the delay of 96 days in filing the Appeal as against the order dated 6.12.2010 passed by the Bihar State Commission in Retail Supply of tariff for the Financial Year 2010 -11.
(2.) ACCORDING to the learned Senior Counsel appearing for the Appellant/Applicant, though the order had been passed on 6.12.2010, the copy of the same was received on 7.3.2011 and after consultation with the legal Department and other officials the Appeal was filed on 29.7.2011 with application for condonation of delay to condone the delay of 96 days.
(3.) IT is noticed from the application to condone the delay that the Applicant has stated that certified copy in original was issued on 6.12.2010 and received from the Commission only on 8.8.2011. The relevant portion of the statement is as under: " That the impugned tariff order passed by the Bihar Electricity Regulatory Commission in Retail Supply Tariffs for the FY 2010 -11 and the commission's order has not been served on the Appellants. The certified copies in original was issued on 06.12.2010 and received from the Commission only on 08.08.2011". On the contrary in the Memo of Appeal in Para 6 it is stated that the Order has been issued on 7.12.2011 and the same was received on 8.3.2011 and certified copy of the impugned order was not received from the Applicant till 27.1.2011. The relevant portion of the Memo of Appeal is as under: "That the impugned tariff order passed by the Hon'ble Bihar Electricity Regulatory Commission on 06.12.2010. The certified copies in original was issued only on 07.12.2011 and was received on 08.03.2011 thereafter the present appeal was filed That the Appellant further declares that for filing an Appeal before the Hon'ble APTEL, the certified copy of the Respondent No.1, was not received by Appellant till 27.01.2011. Hence there is a delay of 96 days (days after time limit of 45 days) from the date of order. The application for condonation of delay is being filed with the appeal". ;