ACTIVE Power Corporation Pvt Ltd, ( Company Registered under the Companies v. The Union of India

The learned Counsel for the petitioner submits that under Section 110 of the Indian Electricity Act, 2003, respondent No.1-Central Government is under an obligation to establish an Appellate Tribunal for Electricity to hear appeals against the orders of respondent No.2, Electricity Regulatory Commission, and inasmuch as no Appellate Tribunal has been established by respondent No.1-Central Government, the petitioner is left with no remedy, except to invoke the jurisdiction of this Court under Article 226 of the Constitution of India to assail the orders of respondent No.2-Electricity Regulatory Commission. The learned Standing Counsel for Central Government took notice for respondent No.1-Central Government and sought time to get instructions as to the date by which the Appellate Tribunal could be established. The learned Standing Counsel appearing on behalf of respondent Nos.2 and 3 took notice, and sought time to file counter. 2 The learned counsel for the petitioner contends that failure to constitute the Appellate Tribunal has deprived the petitioner-Association of their statutory right of appeal. He further contends that if the new tariff order is enforced, petitioner will have to close down their units. In the above circumstances, I consider it appropriate to make the following order: For a period of three weeks, respondent No.3 shall continue to pay to the petitioner for the power supplied by them as per the tariff existing prior to 1-4-2004. It is needless to mention that any difference of amount, between the old and new tariff, paid by respondent No.3 to the petitioner by virtue of this interim order, can always be adjusted by respondent No.3 against the future bills of the petitioner, in the event the writ petition is dismissed. List the matter on 19-4-2004.

Sd/-S. BHARATHI ASSISTANT REGISTRAR // TRUE COPY // To for ASSISTANT REGISTRAR