Maharashtra State Electricity ... vs M/S Radhika Rice Industries, ...
2021 Latest Caselaw 1465 Bom

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              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        NAGPUR BENCH, NAGPUR.

           CIVIL APPLICATION (CAW) NO.1376 OF 2020 IN
  WRIT PETITION NOS.5234/2016, 4252/2019, 4444/2016, 4445/2016,
          4522/2016, 4578/2016, 4579/2016, 4620/2016(D)
      Maharashtra State Electricity Distribution Co.Ltd. and another
                                   Vs.
               M/s. Radhika Rice Industries and others
_______________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions                 Court's or Judge's orders.
and Registrar's Orders.
                  Shri K.L. Dharmadhikari, AGP for applicant-Appellate Authority.


                                 CORAM : V.M. DESHPANDE, J.

DATE : JANUARY 21, 2021.

This application is filed by the Appellate Authority and Superintending Engineer, Nagpur Region, Electrical Inspection Circle I.E.&L, Department, Nagpur for extension of time to decide the appeal.

(2) Shri K.L. Dharmadhikari, learned Assistant Government Pleader is representing the applicant-Appellate Authority. Seven writ petitions were filed in this Court challenging the orders dated 11.01.2016 and 25.10.2018 passed by the Appellate Court whereby the appeals filed by the petitioners under Section 127 of the Electricity Act, 2013 were decided by common judgment dated 27.04.2020.

(3) This Court has directed the Appellate Authority to decide the appeals within a period of six months from the date of judgment.

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         (4)            In this application for extension of time, it is

stated on oath by the Appellate Authority that though the judgment was delivered on 27.04.2020, the same was received on 23.07.2020. It is also stated in the application that due to pandemic situation it was not possible for the Appellate Authority to conduct the hearing and to take final decision within the time stipulated by this Court and by this application two months' time is prayed for disposal of the appeals.

(5) This application for extension of time was filed on 21.10.2020. The application was listed on 10.12.2020 and 07.01.2021 and on these dates time was taken by the learned Assistant Government Pleader.

(6) Today, the learned Assistant Government Pleader states that he is not aware as to whether now those appeals are decided or not .

(7) In my view, this application can be disposed of in following terms:

(i) The application is allowed and disposed of.

(ii) If the appeals are already decided by the applicant/Appellate Authority as directed by this Court on 27.04.2020 that will be the compliance to the orders and directions given by this Court in respect of decision of the appeals within time limit.

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(ii) If the appeals are not decided and still pending on the file of Appellate Authority, the time to decide the said appeals, in the light of judgment dated 27.04.2020, is further extended by two months from the receipt of this order.

JUDGE

Wagh