JUDGMENT :

Dipak Misra, J.

The present appeal preferred under Section 125 of the Electricity Act, 2003 (for brevity, 'the Act') assails the correctness of the judgment rendered by the Appellate Tribunal for Electricity (for short, ‘the tribunal’) in Appeal No. 276 of 2006 whereunder the order dated 10.10.2006 passed in Application No.812 of 2004 filed by the Oil and Natural Gas Corporation Ltd. (ONGC), the appellant herein, before the Gujarat Electricity Regulatory Commission (for short, 'the Commission') seeking a refund of Rs.1,22,27,225/-. The tribunal, as is perceivable, stated the facts in detail, noted the arguments advanced before it, analysed the order passed by the Commission and came to hold that the ONGC was not entitled to refund and the claim was wholly unsustainable.

2. The present appeal was presented before the Registry of this Court on 7.2.2008. An office note recorded that the appeal was barred by 71 days. The appeal was listed before the Bench on 29.1.2010 on which date this Court condoned the delay and admitted the appeal. When the matter was taken up for hearing today, Ms. Ranjeeta Ramachandran, learned counsel appearing for the 1st respondent raised a preliminary