JUDGMENT

Kurian, J.

The principal question which arises in this case is whether the Gujarat Electricity Regulatory Commission (the Commission), in exercise of its inherent powers, could have extended the control period for the 1st respondent Company (Respondent no. 1). The control period is the period during which a particular tariff order operates.

2. In order to address the issue, certain provisions of the Electricity Act, 2003 (hereinafter referred to as "the Act") are required to be noticed. Part VII of the Act deals with tariff. Sections 61, 62 and 64 of the Act are of particular relevance. :-

"61. Tariff regulations.-The Appropriate Commission shall, subject to the provisions of this Act, specify the terms and conditions for the determination of tariff, and in doing so, shall be guided by the following, namely:-

(a) the principles and methodologies specified by the Central Commission for determination of the tariff applicable to generating companies and transmission licensees;

(b) the generation, transmission, distribution and supply of electricity are conducted on commercial p