WESTERN REGION TRANSMISSION (MAHARASHTRA) PVT. LTD. Vs. CENTRAL ELECTRICITY REGULATORY COMMISSION AND ORS.

JUDGEMENT

(1.) THE Applicant/Appellant has filed the accompanying Appeal challenging the order dated 02.07.2014 passed by the Central Electricity Regulatory Commission ("Central Commission"). There is a delay of 164 days in filing the Appeal.

(2.) THE Applicant has submitted that it had filed Review petition on 28.07.2014 before the Central Commission within the limitation period. On 05.01.2015, the Central Commission passed an order dismissing the Review petition. Thereafter, the Appeal was filed on 27.01.2015. It has been explained that the delay has been due to pendency of the Review petition. The delay of 164 days has been explained as under: - -

(3.) THE condonation of delay has been opposed by the Respondent No. 2 stating that the Appellant has failed to cite sufficient or reasonable cause for condoning the inordinate delay. Pendency of the Review petition cannot be treated as sufficient cause for condoning the delay in filing an Appeal. In this regard Learned Counsel for the Respondent No. 2 has made the following submissions: