AIR 2010 SUPREME COURT 2061 ::2010 AIR SCW 2680 ::(2010) 1 CLR 861 (SC) ::(2010) 2 WLC(SC)CVL 725 ::(2011) 1 CivLJ 47 ::2010 (3) Scale 724 ::(2010) 2 CurCC 79 ::(2010) 3 AllMR 482 (SC) ::2010 (5) SCC 23 ::(2010) 3 Cal HN 192 ::(2010) 2 Cal LJ 154 ::2010 (80) ALR SOC 30 (SC) ::AIR 2011 SC (Civil) 2191 ::(2010) 1 Mad LW 289 ::(2010) 1 Mad LJ 1073 ::(2010) 5 Mad LJ 105 ::(2010) 3 JCR 173 (SC) ::(2010) 4 All WC 3344 ::(2010) 90 AllIndCas 177 (SC)

Supreme Court Of India

Hon'ble Judge(s): G. S. Singhvi, A. K. Ganguly , JJ

(A) Electricity Act (36 of 2003) , S.125— Limitation Act (36 of 1963) , S.5, S.29— Appeal to Supreme Court - Limitation - Maximum period prescribed is 120 days from date of communication of order of Tribunal - Appeal filed thereafter - Cannot be entertained by condoning delay u/S.5 of 1963 Act. Section 5 of the Limitation Act cannot be invoked by Supreme Court for entertaining an appeal filed against the decision or order of the Tribunal beyond the period of 120 days specified in S. 125 of Electricity Act and its proviso. Any interpretation of S. 125 of the Electricity Act which may attract applicability of Section 5 of the Limitation Act read with S. 29(2) thereof will defeat the object of legislation, namely, to provide special limitation for filing an appeal against the decision or order of the tribunal and proviso to S. 125 will become nugatory.(Para 16) @page-SCW2681 Electricity Act is a self contained comprehensive legislation, which not only regulates generation, transmission and distribution of electricity by public bodies and encourages public sector participation in the process but also ensure creation of special adjudicatory mechanism to deal with the grievance of any person aggrieved by an order made by an adjudicating officer under the Act except u/S. 127 or an order made by the appropriate commissio....