Appeal allowed to be filed on the ground of not receiving the orders of competent authority

Calcutta High Court: The petition has been filed by the aggrieved to challenge the order passed by the competent authority in regard to use of energy on an unauthorized basis by artificial means. The contention  by the licensee company was that the petitioner used electricity on unauthorized basis for which a provisional order was passed. Since no objections were filed by the petitioner, subsequently the final order was also passed along with the communication of the same to the petitioner.

Petitioner stated that authority was acting in violation of the principle of natural justice as he did not receive any orders since he had gone on pilgrimage and when he finally arrived the final orders were already passed.

Justice Harish Tandon, by taking an account of the whole situation held that the petitioner should avail the remedy by filing an appeal under Section 127 of the Electricity Act, 2003, within a period of ten days, and the following appeal would be considered on an exceptional ground. [Abdul Halim v. CESC Ltd., 2017 SCC OnLine Cal 11586, decided on 08.08.2017]

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