The impact of the COVID-19 pandemic on the limitation period for filing appeals under the Electricity Act, 2003.

JUDGMENT :

1. The petitioner was hauled up for unauthorised use of electricity during inspection carried out by the official of CESC Limited on 29th September, 2020. A provisional assessment was made on 29th September, 2020 and a bill for Rs.2,03,731/- was raised on the petitioner in terms of the provisions of Section 126 of the Electricity Act, 2003 (hereinafter referred to as the “said Act”). Subsequently, a final bill has been raised on 28th October, 2020 for a sum of Rs.2,03,731/-. The final order dated 28th October, 2020, according to CESC Limited, has been served on the petitioner on 2nd November, 2020.

2. So far as the final assessment order is concerned, the petitioner’s remedy lies under the provisions of Section 127 of the said Act in preferring an appeal against such final order before the Appellate Authority. The appeal has to be filed under the provisions of Section 127 of the said Act within 30 days of the said order.

3. On behalf of CESC Limited, it is submitted that the 30 days time limit provided in Section 127(1) of the said Act is a mandatory provision and cannot be extended under any circumstances. It is further submitted on behalf of CESC Limited that the order is dated 28th October, 2020. The 30 days time period has to be calculated from such date which expires on the expiry of 27th November, 2020. Even if the date of receipt of the said order i.e., 2nd November, 2020 is taken to be the starting point of the limitation, then also the appeal was required to be filed within 1st December, 2020. According to CESC Limited, the petitioner has admittedly received the final order dated 28th October, 2020 but has not challenged it even by 1st December, 2020. In such circumstances, the time period for preferring the appeal cannot be extended. The petitioner has to pay the entire amount under the final order to get reconnection of his electricity.

4. CESC Limited relies upon a judgment of this Court rendered in Cal. Electric Supply Corpn. Ltd. & Anr. v. Kalavanti Doshi Trust & Ors. reported in 2011 (1) CHN (Cal) 182 and an order dated 22nd December, 2015 passed in MAT 1875 of 2015 with CAN 11971 of 2014 (The West Bengal State Electricity Distribution Company Ltd. & Ors. v. Pranab Kr. Sarkar).

5. In these two judgments and/or orders, the Division Benches of this Court have declined the relaxation granted by the learned Single Judge in allowing the party to prefer an appeal under Section 127 before the Appellate Tribunal.

6. It is also submitted on behalf of CESC Limited that the petitioner cannot be allowed to prefer an appeal by giving extension of time in view of the two Division Bench judgments cited by CESC Limited.

7. The propositions laid down in Kalavanti Doshi Trust (supra) and Pranab Kr. Sarkar (supra) having passed by the Division Benches of this Court are binding on a Single Bench unless the ratio laid down therein is overturned by a higher forum.

8. The situation as of now has, however, changed owning to the pandemic. The Hon’ble Supreme Court in its order dated 23rd March, 2020 passed in Suo Motu Writ Petition (Civil) No.3 of 2020 (In re: Cognizance for Extension of Limitation) has held as follows:-

“This Court has taken Suo Motu cognizance of the situation arising out of the challenge faced by the country on account of Civid-19 Virus and resultant difficulties that may be faced by litigants across the country in filing their petitions/ application/suits/appeals/all other proceedings within the period of limitation prescribed under the general law of limitation or under Special Laws (both Central and/or State).

To obviate such difficulties and to ensure that lawyers/litigants do not have to come physically to file such proceedings in respective Courts/Tribunals across the country including this Court, it is hereby ordered that a period of limitation in all such proceedings, irrespective of the limitation prescribed under the general law or Special Laws whether condonable or not shall stand extended w.e.f.