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Power Infrastructure Ltd moved the High Court of Delhi in a matter relating to the law of limitations under the Insolvency and Bankruptcy Code. The maximum limitation period of 45 days for an appeal expired on November 12, but Power Infrastructure e-filed on November 11, a Friday, and the physical filing was on November 14. The question is whether the physical filing delay can be condoned because e-filing was on time.
The High Court of Delhi left it to the National Company Law Appellate Tribunal (NCLAT): “Since the matter is pending adjudication before the NCLAT, this court does not wish to give any opinion on the factual issue — that is, whether the appeal was within the limitation period or not. Suffice it to observe that the prevalent position with regards to e-filing of documents across courts and tribunals in the country, encouraging e-filing, which may become the norm in the future, would duly be taken into consideration by the tribunal.”
NTPC prevails over CERC
In a win for NTPC Ltd, the Appellate Tribunal for Electricity has set aside several tariff orders of the Central Electricity Regulatory Commission.
The orders pertained to five of NTPC’s thermal power plants — Simhadri-II in Visakhapatnam, Andhra Pradesh; Farakka-III in Murshidabad, West Bengal; Korba-III in Korba, Chhattisgarh; Vindhyachal-IV in Singrauli, Madhya Pradesh; and Sipat-I in Bilaspur, Chhattisgarh).
NTPC’s challenge was mainly on the allowance of operation and maintenance (O&M) expenses, but also included, in some cases, issues such as normative heat rate and allowance of capitalisation of some items of expenditure.
The tribunal’s member-technical Sandesh Kumar Sharma noted that NTPC’s appeals “have merit and are allowed”.
His judgment directed the Central Electricity Regulatory Commission “to pass reasoned order expeditiously in strict compliance to the observations and conclusions made by us”, not later than four months from the date of this judgment (December 1, 2022).
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