The Central Power Distribution ... vs Osmania University Hyderabad
2021 Latest Caselaw 2331 Tel

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

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

W.A.No.47 of 2020