GOVERNMENT OF MADHYA PRADESH DEPARTMENT OF ENERGY vs POWER FINANCE CORPORATION LTD

Judgment text excerpt

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 25.02.2025 + W.P.(C) 2383/2025 & CM APPL. 11272/2025 GOVERNMENT OF MADHYA PRADESH DEPARTMENT OF ENERGY .....Petitioner Through: Mr Nidesh Gupta, Sr Advocate with Mr Aashish Anand Berenard, Mr Vikram Dwivedi and Mr Paramhans Sahani, Advocates. versus POWER FINANCE CORPORATION LTD .....Respondent Through: Mr Deepak Khurana, Advocate. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MR. JUSTICE TEJAS KARIA VIBHU BAKHRU, J. (ORAL) 1. Issue notice. 2. The learned counsel for the respondent accepts notice. 3. With the consent of the learned counsels for parties, the petition is taken up for hearing. 4. The petitioner (Government of State of Madhya Pradesh, Department of Energy) has filed the present petition, inter alia, impugning an order Signature Not Verified Digitally Signed By:RAM W.P. (C) 2383/2025 Page 1 of 12 KUMAR Signing Date:04.03.2025 15:03:55 dated 10.11.2022 (hereafter the impugned order) passed by the learned Debts Recovery Tribunal-III, Delhi (hereafter the DRT) whereby the petitioner’s application for condonation of delay in filing the written statement (hereafter the WS) to the Original Application (TA No.29/2022) captioned Power Finance Corporation Limited v. Government of Madhya Pradesh, Department of Energy filed before the learned DRT, was rejected on the ground that it was barred by limitation. 5. The petitioner also impugns an order dated 15.04.2024 (hereafter the recall order) whereby the application of the petitioner for recalling of the impugned order was summarily rejected. 6. Being aggrieved, the petitioner had appealed before the learned Debts Recovery Appellate Tribunal, Delhi (hereafter the DRAT), however it is stated that the appeal (Misc Appeal No.179/2024 captioned Government