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Clive Sinclair (Service)     26 December 2019

Does state commission has power to amend its own order



In interesting situation.....

Post arguments in RP, State commission (St C) gave its final order on 01/xx/2019. The order says payment of cost to OP within 15 days of the date of order (01/xx/2019).

Applicant (A) didn't pay costs to OP within 15 days but paid after few days. As a result of delay in payment of costs, A's submission in DCF were rejected.

'A' then filed an Application before St C arguing that the Order was uploaded late and the certified copy was rxd after 15 days from date of order and hence the payment of costs was delayed. 

Queries :-

1. (a) The Order was uploaded on  CMS website within 15 days. 'A' applied for ceritified copy on the day order was uploaded. So 'A' became aware of the Order and was aware tha he has to pay costs within 15 days which were still some days away. Is 'A' contention that he didn't have certified copy to pay costs correct?

(b) Or 'A"  could have paid costs based on the order uploaded so he is not in contempt?

2. Can State commission amend its order or condone the delay in payment of costs by 'A' based on 'A' argument that he rxd certified copy late?

3. St Commission has accepted the Application of 'A' for hearing and issued notice to OP. Is there any provision in CPA 1986 for St C to revise/review/amend order or condone delay in execution of order? Please quote

Kindly advice and also share citation of relevant cases if any.



 1 Replies

Isaac Gabriel (Advocate)     27 December 2019

Default arises on knowledge of the order.In this case the question of delay not arises.
1 Like

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