IND – Barath Power Gencom Ltd. vs Ind-Barath Thermal Power Ltd. & Ors.

Justice M. Venugopal, Member (Judicial) :

Heard the Learned Counsel for the Petitioner / Appellant in IA No. 319 / 2023 in Comp. App (AT) (CH) (INS.) No. 90 of 2023.

According to the Petitioner / Appellant in IA No. 319 / 2023 in Comp. App (AT) (CH) (INS.) No. 90 of 2023, there has occasioned a delay of 38 days in representing the `Appeal Papers’. The reason(s) assigned on behalf of the Petitioner / Appellant is that, the Petitioner / Appellant, had received an email dated 15.11.2022, only with reference to the objections on the format of the `Interlocutory Application’, with E-filing No. 9803150 / 02290 / 2022, filed along with the `Appeal’.

Moreover, the Petitioner / Appellant, came to know of other objections, with reference to the `Appeal’, only after making a visit to the `Office of the Registry’ of this `Tribunal, and in this process, there has occasioned a `delay of 38 days’, in `Representation’, which is neither wilful nor wanton, but due to the aforesaid reason(s).

It is to be noted that a `Delay’, in `Representation’, is a matter between the `Petitioner / Appellant’, and the `Tribunal’ / `Concerned Court’. The Respondent(s) / other side, has no say in the matter, whatsoever, as opined by this `Tribunal’.

Be that as it may, in view of the fact that the Petitioner / Appellant, has assigned reasons for the `delay of 38 days’, in `Representation’, as seen from the Paragraph 3 of the IA No. 319 of 2023, this `Tribunal’, by taking a lenient and purposeful view, `condones the delay of 38 days’, and `allows’, the said `Interlocutory Application’.

In fine, IA No. 319 / 2023 is `Allowed’. No costs.

Heard the Learned Counsel for the Appellant in Comp. App (AT) (CH) (INS.) No. 90 of 2023.

Further, the `Office of the Registry’, is directed to `List’ the main Comp. App (AT) (CH) (INS.) No. 90 of 2023 on 17.04.2023.