Judgment

Dr. Arijit Pasayat, J. —

1.These appeals involve an important question regarding jurisdiction of the Appellate Tribunal for Electricity (in short ‘Appellate Tribunal’), New Delhi. The first Judgment of the Appellate Tribunal is assailed in the case of appellant-Grid Corporation of Orissa Ltd.

2.Background facts in a nutshell are as follows :

Respondent No.1-Gajendra Haldea a serving officer based in Delhi filed a petition before the Central Electricity Regulatory Commission (in short the ‘CERC’) purportedly under Section 52 read with Section 79(1)(g) of the Electricity Act, 2003 (in short the ‘Act’) on 28.2.2006. The prayers inter-alia were under:

(a)Direct GRIDCO to adhere to the maximum trading margin of 4 paise while entering into a contract for sale of power to any trading licensee in case such power is ultimately routed to a licensee outside the State of Orissa through an inter-state transmission system.

(b)Direct GRIDCO to file appropriate returns in the prescribed Form-III of the Central Electricity Regulatory Commission (Procedure, Terms & Conditions for grant of Trading Licence and other related matters) Regulations, 2004 in respect of each transaction of sale, where th