ORDER SHEET WP 84/2019; GA 98/2019; WP 564/2018 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SUDIPTA KOLEY Versus SMT. M BHOWMICK AND ANR BEFORE:

The Hon'ble JUSTICE RAJASEKHAR MANTHA Date : 6th March, 2019.

Ms. M. Agarwalla, Adv.; Mr. R.C. Agarwalla, Adv.

Dr. M. Saha Roy, Adv.

Mr. L. Chatterjee, Adv.

Ms. S. Majumdar, Adv.; Ms. D. Halder, Adv.

The Court : The issue raised in the writ application has wide ramifications on the right to an appeal under section 127 of the Electricity Act, 2003 for both a licensee and the distribution company. The controversy is whether the delay beyond the statutory time period of thirty days for preferring an appeal under section 127(1) against an order under section 126 of the Indian Electricity Act, 2003 can be condoned applying section 5 of the Limitation Act.

The first case referred to in the context by the petitioner is the case of Omvati Devi Agarwalla –vs- CESC Ltd. & Ors., reported in AIR 2015 SC 382, where a Single Judge of this Court had held that the delay in filing an appeal preferred under section 127(1), beyond the statutory period of 30 days, can be condoned by applying section 5 of the Limitation Act, 1963.

The