ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-6126 of 2020

___________________________________________________________________ Date Order with signature of Judge

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FRESH CASE:

1. For order on CMA No.26462/2020 (Exemption).

2. For hearing of main case.

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Dated; 27^th March 2023

Mr. Jahanzeb Awan alongwith Mr. Sauban Tasleem, Advocate for Petitioner.

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1. Exemption granted subject to all just exceptions.

2. Leaned counsel for the petitioner has filed a statement dated 27.03.2023 alongwith copy of Notification dated 02.12.2020 issued by Ministry of Law and Justice, according to which, Mr. Justice (Retd) Mujahid Mustaqeem Ahmed has assumed charge of the post of Chairman (MP-I), in the Appellate Tribunal (NEPRA), Islamabad w.e.f. 23.12.2020 alongwith other Notification dated 31.05.2022 issued by the aforesaid Ministry, according to which, Mr. Salman Aizad has been appointed as Member (Electricity), in MP-II Scale, in the NEPRA Appellate Tribunal, Islamabad for a period of three years with effect from the date of assumption of charge. Statement is taken on record. Learned counsel for the petitioner submits that when instant petition was filed, there was no forum available to the petitioner to file an appeal before the aforesaid Appellate Tribunal against the order passed by NEPRA authorities, however, since the aforesaid Tribunal has been recently become functional and started accepting and hearing the appeals against the order passed by NEPRA Authorities, therefore, petitioner will not press instant petition and may be allowed to approach the relevant Tribunal by filing appeal as provided under Section 12 G of National Electric Power Regulatory Authority Act, 1997, therefore, requests that NEPRA Appellate Tribunal may be directed to decide the appeal of the petitioner on merits in accordance with law while treating the same within time, as according to learned counsel, the period consumed during pendency of instant petition before this Court may not be counted for the purposes of limitation, as the petitioner had not defaulted in availing the remedy against the impugned order.

Since at the time of filing instant petition NEPRA Appellate Tribunal was not constituted, whereas, it could also not become functional till the aforesaid Notifications, whereby, the Chairman and the Member (Electricity) of NEPRA have been appointed to hear the appeals, whereas, as per statement of the learned counsel, the said Tribunal has recently been become functional to entertain and decide appeal(s) against the order passed by the NEPRA authorities, therefore, instant petition stands dismissed as withdrawn with the observation that petitioner may approach the aforesaid Tribunal within a period of fifteen (15) days for filing appeal in the prescribed manner in accordance with law. Whereas, it is expected that the Appellate Tribunal may decide the appeal of the petitioner on merits in accordance with law while considering the request of petitioner for condoning the delay, if any, occurred during this period sympathetically.

J U D G E

*Farhan/PS*