TMI Blog2016 (9) TMI 1420X X X X Extracts X X X X X X X X Extracts X X X X ..... lled. In the facts of the present case, since the principles of Section 14 of the Limitation Act, 1963 are not attracted, Interlocutory Application No. 1 of 2015 for condonation of delay is dismissed. - Civil Appeal No. 5958 of 2015 - - - Dated:- 22-9-2016 - Kurian Joseph and Rohinton Fali Nariman, JJ. For the Appellant : Rakesh Khanna, Sr. Adv., Ruchi Singhwani, Mohit Paul, Megha Bharara, Vikash Arora and Diksha Jhingan, Advs. For the Respondents : Guru Krishna Kumar, Sr. Adv., Rohit N. Rao, Mukund P. Unny and Ananga Bhattacharya, Advs. JUDGMENT Kurian Joseph, J. 1. This appeal is filed Under Section 125 of the Electricity Act, 2003. Interlocutory Application No. 1 of 2015 is for condonation of 161 days&# ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r of the Appellate Tribunal, to him, on any one or more of the grounds specified in Section 100 of the Code of Civil Procedure, 1908 (5 of 1908): Provided that the Supreme Court may, if it is satisfied that the Appellant was prevented by sufficient cause from filing the appeal within the said period, allow it to be filed within a further period not exceeding sixty days. 5. The appeal Under Section 125 of the Electricity Act, 2003 in Supreme Court has to be filed within 60 days from the date of communication of the decision or order of the Appellate Tribunal. However, the Supreme Court, if it is satisfied that the Appellant was prevented by sufficient cause from filing an appeal within the said period of 60 days, may allow it to be fil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bona fide in court without jurisdiction.--(1) In computing the period of limitation for any suit the time during which the Plaintiff has been prosecuting with due diligence another civil proceeding, whether in a court of first instance or of appeal or revision, against the Defendant shall be excluded, where the proceeding relates to the same matter in issue and is prosecuted in good faith in a court which, from defect of jurisdiction or other cause of a like nature, is unable to entertain it. (2) In computing the period of limitation for any application, the time during which the applicant has been prosecuting with due diligence another civil proceeding, whether in a court of first instance or of appeal or revision, against the same par ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ivil proceedings with due diligence and that the prosecution should be in good faith. It is not enough that one part is satisfied. Both due diligence and good faith must be established. 9. In the case before us, after obtaining the certified copy of the order on 17.12.2014, the review petition was filed only on 25.02.2015, delayed by 37 days. Even after withdrawal of the review petition on 07.05.2015, the appeal was filed before this Court only on 07.07.2015. This Court closed for summer vacations in the year 2015 only on 16.05.2015 and reopened on 01.07.2015. Thus, there were few days left, before the closing of the Court for summer vacations, for the Appellant to file the appeal after withdrawal of the review petition. The appeal was f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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