JUDGMENT

Rastogi, J.

The instant appeal under Section 125 of the Electricity Act, 2003 (hereinafter referred to as the "Act 2003") has been preferred at the instance of the distribution company, namely, Ajmer Vidyut Vitran Nigam Limited (for short "AVVNL"), a Government Company incorporated under the Companies Act, 1956 with an object, inter alia, for distribution and supply of electricity, assailing the impugned judgment dated 03rd February, 2009 passed by the Appellate Tribunal for Electricity.

2. The brief facts culled out from the record and relevant for the purpose are that the Hindustan Zinc Limited (for short "HZL") has captive generating plant set up at Chanderia in the District of Chittorgarh, State of Rajasthan where it generates electricity primarily for its own consumption and uses the electricity generated at its units/works situated at:- i) Debari in the district of Udaipur; ii) Agucha in the district of Bhilwara; and iii) Dariba in the district of Rajsamand. All the three districts are in the State of Rajasthan and for wheeling of electricity generated in the captive generating plant, HZL uses the distribution system of AVVNL from the point of injection at Chanderia to