Bombay High Court
Adani Power Maharashtra Limited vs The Superintending Engineer on 16 February, 2010
Author: S.A. Bobde
Bench: S.A. Bobde, Vasanti A. Naik
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO.5482 OF 2009
Adani Power Maharashtra Limited,
Plot No. A1, Tirora Growth Centre,
MIDC, Tirora, District Gondia,
through the Manager. ... Petitioner
- Versus -
1) The Superintending Engineer,
Nagpur Region, Electrical Inspection
Circle, Industries Energy and
Labour Department, B - No.39/1,
Civil Lines, Nagpur.
2) The Executive Engineer, Maharashtra
State Electricity Distribution
Company Limited, O&M Division,
Gondia, Old Power House,
Ramnagar, MSEB, Taluka and
District Gondia. ... Respondents
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2
Shri A.J. Pophaly, Advocate for the petitioner.
Shri S.J. Jichkar, Assistant Government Pleader for the
respondent no.1.
Shri A.M. Quazi, Advocate for the respondent no.2.
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CORAM : S.A. BOBDE AND
SMT. VASANTI A. NAIK, JJ.
DATED : FEBRUARY 16, 2010
ORAL JUDGMENT (PER S.A. BOBDE, J.) :
Rule returnable forthwith. Heard finally with consent of the learned Counsel for the parties.
2) The petitioner has challenged the order dated 6.4.2009 issued by the Superintending Engineer, Nagpur Region Electrical Inspection Circle, I.E. & L. Department, Nagpur, rejecting the appeal preferred by it on the ground of delay.
3) According to Shri Pophaly, learned Counsel for ::: Downloaded on - 09/06/2013 15:37:15 ::: 3 the petitioner, the period of limitation provided by Section 127 of the Electricity Act, 2003 is thirty days from the date of order. 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 in such form, verified in such manner and be accompanied by such fee as may be specified by the State Commission, to an appellate authority as may be prescribed.
(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 in cash or by way of bank draft with the licensee and documentary evidence of such deposit has been enclosed along with the appeal.
(3) The appellate authority referred to in sub-section (1) shall dispose of the appeal after hearing the parties and pass appropriate order and send copy of the order to the assessing Office and the appellant.::: Downloaded on - 09/06/2013 15:37:15 ::: 4
(4) The order of the appellate authority referred to in sub-section (1) passed under sub-
section (3) shall be final.
(5) No appeal shall lie to the appellate authority referred to in sub-section (1) against the final order made with the consent of the parties.
(6) When
ig a person defaults in making
payment of assessed amount, he, in addition to the assessed amount, shall be liable to pay, on the expiry of thirty days from the date of order of assessment, an amount of interest at the rate of sixteen per cent, per annum compounded every six months."
The learned Counsel for the petitioner further submits that the limitation must be reckoned from the date of receipt of the order and not merely from the date of passing of the order.
4) As is apparent, Section 127 merely provides that the appeal by the person aggrieved by "a final order" may be filed within thirty days and does not ::: Downloaded on - 09/06/2013 15:37:15 ::: 5 refer to any particular terminology for commencement of limitation. Ordinarily, if the order was an order passed by a Court, the limitation would be reckoned according to the provisions of the Limitation Act and having regard to the practice and procedure followed by the Courts. Since the order in question is one passed by the Superintending Engineer of Electrical Inspection Circle, it is not possible to apply the procedure and law, which is applicable to a Court. We accordingly hold that the period of limitation must commence from the date on which the party gains knowledge of the order, which is evident from its acknowledging receipt of the order in the office of the Superintending Engineer or any other appropriate Authority or the date of receipt of the order by post.
5) Shri Pophaly, learned Counsel for the petitioner, further submits that the appeal must be taken to have been filed within time on 6.4.2009 since the petitioner had received the impugned order on ::: Downloaded on - 09/06/2013 15:37:15 ::: 6 8.3.2009 by post.
6) We find that there is no dispute about the date of receipt of the order dated 27.2.2009 passed by the respondent no.2, on 8.3.2009 by the petitioner.
We accordingly hold that the appeal was filed by the petitioner within time.
ig We, therefore, set aside the
impugned order dated 6.4.2009 and direct the
respondent no.1 Superintending Engineer to dispose of the appeal of the petitioner under Section 127 of the Electricity Act, 2003 in accordance with law.
7) The rule is made absolute in the above terms.
No order as to costs.
JUDGE JUDGE
khj
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