Court No. - 37 Case :- WRIT - C No. - 20548 of 2010 Petitioner :- Rama Shanker Awasthi & Ors. Respondent :- State Of U.P. Thru. P.S. (Energy) & Ors. Petitioner Counsel :- B.C. Rai Respondent Counsel :- C.S.C.,A.N. Singh,H.P. Dube,Rajesh Tripathi,Smt.Mridul Tripathi Hon'ble Rajes Kumar,J.
Hon’ble Pankaj Mithal,J.
Heard Sri B.C. Rai, learned counsel for the petitioner and Sri Rajesh Tripathi,
learned counsel for the respondents.
Leaned counsel for the petitioner has submitted that the appeal was filed on
17.5.2010 but on account of the summer vacation the Appellate Tribunal
could not dispose of the appeal within 4 weeks as directed by this Court vide
order dated 26.4.2010. He submitted that some more time may be allowed to
the Tribunal to decide the appeal.
Sub-Section 5 of Section 111 of the Electricity Act, 2003 provides that the
appeal filed before the Appellate Tribunal under Sub-section 1 shall be dealt
with by it as expeditiously as possible and endeavour shall be made to dispose
of the appeal finally within 180 days from the receipt of the order.
In the circumstances, we direct the Tribunal to decide the appeal within the
aforesaid time from the date of presentation of the appeal, after affording
opportunity of hearing, in accordance with law.
The order dated 26.4.2010 is accordingly modified.
The Modification Application No.135110 of 2010 is disposed of.
Order Date :- 9.7.2010
piyush
