JUDGMENT

M.R. Shah, J.

Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the Appellate Tribunal for Electricity, Delhi in Appeal Nos. 311 and 315 of 2018 whereby the Appellate Tribunal has allowed the said appeals preferred by the respondents herein - the 'captive consumers' and has set aside the order passed by the Maharashtra Electricity Regulatory Commission (hereinafter referred to as the "State Commission") in Petition No. 195 of 2017 by which the State Commission has held that the group of 'captive consumers' are liable to pay additional surcharge, Maharashtra State Electricity Distribution Company Limited (hereinafter referred to as the "distribution licensee"), has preferred the present appeals.

2. That the appellant as distribution licensee filed a petition before the State Commission for MYT approval for FY 2014-2015, provisional truing up of ARR for FY 2015-2016 and Multi Year Tariff for 3rd Control Period FY 2016-2017 to FY 2019-2020. The said petition was numbered as Case No.48 of 2016. The State Commission held that the additional surcharge leviable under Section 42(4) of the Electricity Act, 2003 (hereinafter referred to as the "Act, 2003