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Factum of Pronouncement or order is he date of limitation

Raj Kumar Makkad ,
  30 April 2010       Share Bookmark

Court :
Supreme Court of India
Brief :
Electricity - Condonation of delay - Sections 5 and 29(2) of Limitation Act, 1963 and Section 125 of Electricity Act, 2003 - Whether Section 5 of the Limitation Act, 1963 can be invoked by this Court for allowing the aggrieved person to file an appeal under Section 125 of the Electricity Act, 2003 after more than 120 days from the date of communication of the decision or order of the Appellate Tribunal for Electricity?
Citation :
Chhattisgarh State Electricity Board v. Central Electricity Regulatory Commission and Ors. (Decided on 15.04.2010) MANU/SC/0252/2010


Held, The word `communication' has not been defined in the Act and the Rules and thus it has to be interpreted by applying the rule of contextual interpretation and the relevant provisions. Rule 94(2) provides that once the factum of pronouncement of Order by the Tribunal is made known to the parties and they are given opportunity to obtain a copy thereof through e-mail etc., the Order will be deemed to have been communicated to the parties and the period of 60 days specified in the main part of Section 125 will commence from that date. In the present case, the date on which the impugned order was pronounced by the Tribunal, the factum of pronouncement was conveyed to the parties including the Appellant. The preparation of appeal is a clinching evidence of the fact that the Appellant had not only become aware of the order of the Tribunal, but had obtained copy thereof. No tangible explanation was offered by Appellant for not filing Appeal for more than three and half months after its preparation. Thus, appeal cannot be entertained and hence is dismissed.



     


 
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Published in Civil Law
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