Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Electricity Act 2003 - s.125 - Delay in filing appeal |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Electricity Act, 2003 - s.125 - Delay in filing appeal, condonation of - Held: Supreme Court has jurisdiction to condone the delay but a limit has been fixed by the legislature, that is, 60 days - When there is a statutory command by the legislation as regards limitation and there is the postulate that delay can be condoned for a further period not exceeding sixty days, it is based on certain underlined, fundamental, general issues of public policy - It is uncondonable and it cannot be condoned taking recourse to Art.142 of the Constitution -In the instant case, review application against the impugned order of tribunal was presented before the tribunal after expiry of 60 days that is to say the limitation prescribed for filing appeal before Supreme Court - In such a situation, it cannot be said that there has been any kind of due diligence on the part of the appellant - It is not an application u/s. 5 of the Limitation Act which is to be entertained by the Court- if the delay is statutorily not condonable, the delay cannot be condoned - Limitation Act, 1963 - s.5 - Constitution of India - Art.142. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2017 INSC 1269 |
Petitioner | Oil & Natural Gas Corp. Ltd. |
Respondent | Gujarat Energy Transmission Corporation Ltd. & Ors. |
SCR | [2017] 2 S.C.R. 922 |
Judgement Date | 2017-03-01 |
Case Number | 1315 |
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