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1989 Supreme(Pat) 96

UDAY SINHA, B.P.SINGH
Jairnangal Ltd. Avantee Hotel And Another – Appellant
Versus
State Of Bihar – Respondent


Judgment

B.P.SINGH, J.

1. In this writ petition the petitioners have prayed for issuance of an appropriate writ, order or direction quashing the order dt/-19-9-1987 (Annexure-1) passed by the Advisory Board, respondent No. 2, allowing the application for condonation of delay filed by the Patna Electricity Supply Undertaking, respondent No. 7 and condoning the delay of three and half months in filing an appeal against the order of the Electrical Inspector passed under S.36(2) of the Electricity Act read with R.6(3) of the Electricity Rules. The main ground on which the order of the Advisory Board has been assailed is that the Board had no jurisdiction to condone the delay in the absence of any statutory provision conferring such a power. According to the petitioners, the provisions of the Limitation Act, particularly, S.5 thereof, also do not apply to the instant proceeding since the Advisory Board is not a "court."

2. The facts of the case are not in dispute. Petitioner No. 1 owns and runs a hotel and is a body corporate registered under the Companies Act. Petitioner No. 2 is the Managing Director of petitioner No. 1 Patna Electric Supply Undertaking, respondent No. 7 herein is a un

















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