G.S. Singhvi, J. - (1.) Whether Section 5 of the Limitation Act, 1963 (for short, 'the Limitation Act') can be invoked by this Court for allowing the aggrieved person to file an appeal under Section 125 of the Electricity Act, 2003 (for short, 'the Electricity Act') after more than 120 days from the date of communication of the decision or order of the Appellate Tribunal for Electricity (for short, 'the Tribunal') is the question which requires determination in this appeal filed against order dated 17.5.2007 passed by the Tribunal in I.A. No. 4 of 2007 in Appeal No. 21 of 2006.
(2.) Appellant, Chhattisgarh State Electricity Board was established under Section 58 of the M.P. Reorganization Act, 2000. In a sense, it is a successor of Madhya Pradesh Electricity Board insofar as the State of Chhattisgarh is concerned. A dispute arose between the appellant and respondent No. 3 - Madhya Pradesh State Electricity Board in the matter of payment of FLEE charges to the beneficiaries in the Western Region under the "Frequency Linked Energy Exchange" scheme, which was introduced with effect from 1.6.1992. The FLEE charges were payable to the beneficiaries on the basis of monthly advises issued by Western Regional Electricity Board (renamed as Western Regional Board Committee) (respondent No. 5 herein). The matter was considered by respondent No. 1 - Central Electricity Regulatory Commission, which passed an order dated 8.12.2005 fixing the liability of the appellant and respondent No. 3 in the matter of payment of FLEE charges.
(3.) The appellant challenged the aforementioned order in Appeal No. 21/2006, which was allowed by the Tribunal vide its order dated 14.11.2006. Soon thereafter, respondent No. 3 filed IA No. 4/2007 for issue of a direction to respondent No. 5 to recalculate FLEE charges in accordance with the Tribunal's order in relation to post-reorganization period. By order dated 17.5.2007, the Tribunal allowed that application and directed respondent No. 5 to recalculate FLEE charges in accordance with order dated 14.11.2006.;