JUDGMENT :

Prafulla C. Pant, J.

These appeals preferred under section 125 of Electricity Act, 2003 are directed against orders dated 02.07.2012 and 08.11.2012 respectively, passed by Appellate Tribunal for Electricity, New Delhi (for short “the Tribunal”), whereby Appeal No. 123 of 2011 was allowed and Review Petition No. 09 of 2012 filed against that order was dismissed by the Tribunal, and matter was remanded back to Central Electricity Regulatory Commission (CERC) for re-determination of date of commercial operations (COD) of 400 KV Barh-Balia double circuit transmission?

2. The issue involved in the present case is as to:-

Whether the new transmission line charged from one end by the transmission licensee without switchgear, protection system and metering arrangement (not in the scope of works of the transmission licensee) at the other end could not have been commissioned for the purpose of raising transmission charges against the beneficiaries in the light of second Proviso to clause (c) of Regulation 2 of Central Electricity Regulatory Commission (Terms & Conditions of Tariff) Regulations, 2009 (for short “Regulations, 2009”)?

3. We have heard Learned Counsel for the parties a