Item No.41
THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
I.A.No.1 OF 2020 IN/AND W.A.No.47 OF 2020
JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1.
I.A.No.1 of 2020 has been filed by the appellants praying inter alia for condonation of delay of 1924 days in filing the accompanying appeal.
2. The only explanation offered for the inordinate delay in preferring the present appeal is that the appellant/Company took a decision to protect its financial interest and ensure that consumers do not exceed contracted maximum demand, which could result in damaging the infrastructure and of a collapse of the grid.
3. We may note that the aforesaid explanation offered in para 6 of the application, has no relationship with the delay. The explanation offered is only to justify why a writ appeal has been preferred. Nothing has been stated to explain the delay of 1924 days in preferring the appeal.
4. We are of the opinion that if the appellant/Company had some reservations as to the serious financial impact of the impugned judgment dated 20.08.2014, then it ought to have acted with alacrity and approach the appellate court by preferring an appeal on time. It is noteworthy that the appellant/Company has a full-fledged Legal Department, which is available to advise the Company on the relative W.A.No.47 of 2020 Page 1 of 2 2 merits of filing an appeal against the impugned judgment. But there is not a whisper in the present application to explain the delay, much less just or sufficient cause for approaching the court after waiting for 1924 days for preferring the accompanying appeal.
5. In view of the complete absence of an explanation for the delay, we are not inclined to allow the present application. I.A.No.1 of 2020 is dismissed. As a result thereof, the accompanying appeal also stands dismissed along with the pending applications, if any.
_________________ HIMA KOHLI, CJ ______________________ B.VIJAYSEN REDDY, J 10.08.2021 Lrkm/Pln Page 2 of 2 W.A.No.47 of 2020