In Brief
ONGC sought a refund of Rs. 1,22,27,225 from a Gujarat regulatory authority but was denied by the Electricity Appellate Tribunal. ONGC filed an appeal 71 days late. The Supreme Court had initially condoned the delay and admitted the appeal, but on hearing the case, the respondent raised a preliminary objection. The Court held that under Section 125 of the Electricity Act, 2003, an appeal must be filed within 60 days, with a statutory extension of up to 60 more days (total 120 days maximum). The Court rejected arguments based on Article 142 of the Constitution and the Limitation Act, holding that this rigid outer limit reflects fundamental public policy. Since the appeal was filed beyond 120 days, it was statutorily barred and could not be condoned. The appeal was dismissed.
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