1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 3468 OF 2010 (M/s Chinteshwar Steels Pvt. Ltd.) -: VERSUS :- (Supdt. Engineer (NRC) M.S.E.D.C.L, & Another) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : OCTOBER 14, 2010. Heard Shri Mehta, learned counsel for the petitioner and Shri Chandurkar learned counsel for respondents. Short contention of Shri Mehta is Electricity Ombudsman rejected Representation No. 69 of 2010 made by petitioners only on the ground that it was belated. The prayer for condonation of delay has been referred to but then both medical certificates filed with it are not looked into. Reference has been made in the certificate dated 9th May 2009 and other certificate dated 20th March 2009 issued by Dr. Prakash Bagde has not been looked into. Advocate Shri Chandurkar has attempted to 2 justify the order by contending that material pressed into service has been looked into by the Ombudsman. With their assistance I have perused impugned order and also submissions filed on behalf of respondents 1 and 2. Respondents 1 and 2 have submitted their reply on merits of the matter and have also made reference to the fact that representation was belated. However, they have not urged that this certificate issued by Dr. Bagde was not placed on record. In this situation it is apparent that a material document placed on record by petitioner to seek condonation of delay has not been looked into by the statutory authority. Provisions of Regulation 17.2 of Maharashtra Electricity Regulatory Commission (Consumer Grievance Redressal Forum and Electricity Ombudsman) Regulation 2006 cloth that authority with power to condone the delay. Impugned order, therefore, shows non application of mind to a material particular and it has resulted in refusal to exercise the jurisdiction. Hence said order dated 25th June 2010 is set aside. Representation No. 69 of 2010 is restored back to file. The Ombudsman shall hear the petitioner and respondents first on prayer for condonation of delay and pass appropriate orders in that respect. If the delay is condoned, the further orders on merits on Representation No. 69 of 2010 shall be passed after hearing respective parties. Petitioner to appear before Electricity 3 Ombudsman Mumbai on 18th November 2010 and to abide by further instructions of that office in the matter. Rule made absolute accordingly. Certified copy expedited. JUDGE SVK