ORDER

1. Leave granted.

2. Himachal Pradesh Regulatory Commission (for short "the appellant") has filed the present appeal against the interim order passed by the High Court in CWP No. 250 of 2005 dated 20-7-2005.

3. By the impugned order, the High Court rejected the objection of the appellant to the effect that the respondent Himachal Pradesh State Electricity Board (for short "the Board") should be directed to avail of the alternative efficacious remedy of approaching the Appellate Tribunal in terms of Section III of the Electricity Act (for short "the Act"). The High Court has observed that at the time when the writ petition was filed by the respondent, the. Tribunal had not been constituted and in any case it was not functional.

4. We are told that the Appellate Tribunal has now been constituted and is ' functional. Since the Appellate Tribunal has been constituted and is functional, we allow this appeal and direct the respondent to approach the Appellate Tribunal within a period of six weeks from today. In case the respondent files an appeal within six weeks, the Appellate Tribunal shall treat the same as filed within the period of limitation. Counsel for the appellant has assured