The judgment emphasizes the necessity of resolving disputes involving technical issues within the appellate framework while ensuring parties' rights are not compromised due to conflicts of interest.

JUDGMENT

Prathiba M. Singh, J. (Oral)

1. This hearing has been done through hybrid mode.

CM APPL.52346/2022 (for exemption)

2. Allowed, subject to all just exceptions. Application is disposed of.

W.P.(C) 16628/2022 & CM APPL.52345/2022

3. This petition raises two issues, one on merits and one on the constitution of the Appellate Tribunal for Electricity (hereinafter `APTEL').

4. The present dispute is between the Mahanagar Gas Limited (`MGL'), Oil and Natural Gas Corporation (`ONGC') and GAIL. It is the stand of ONGC that monies are owed to it from GAIL, which have not been paid due to pending recoveries between the GAIL and MGL. The matter was referred to the Petroleum and Natural Gas Regulatory Board (hereinafter `PNGRB') under 11 and 12 of the Petroleum and Natural Gas Regulatory Board Act, 2006 (hereinafter `PNGRB Act') and the impugned order dated 30th September, 2022 has been passed.

5. In the said order the PNGRB, directed payment of transportation charges as per the tariff order dated 30th December, 2013 with effect from 1st January, 2014. The operative portion of the order reads as under:

"In view of the above facts, circumstances, and deliberations, we hereby direct the Complainant/MGL to pay the transportation charges as per the transportation tariff fixed by PNGRB for UTNGPL vide Tariff Order dated 30.12.2013 for the period from 1st January 2014 onwards, which shall be paid within two months of passing of this Order, failing which interest shall be paid by MGL at interest rate mentioned in the Gas Sales and Transportation Contract.

No order as to costs

All the issues are answered accordingly.

The copy of this order be sent to the Hon'b1e APTEL."

6. In terms of the Section 33 of the PNGRB Act, the above order is appealable before the APTEL. Section 33 of the PNGRB Act reads as:

"33. Appeals to Appellate Tribunal:

(1) Any person aggrieved by an order or decision made by the Board under this Act may prefer an appeal to the Appellate Tribunal: Provided that any person preferring an appeal against an order or decision of the Board levying any penalty shall, while filing the appeal, deposit the amount of such penalty: Provided further that where in any particular case, the Appellate Tribunal is of the opinion that deposit of such penalty would cause undue hardship to such person, it may dispense with such deposit subject to such conditions as it may deem fit to impose so as to safeguard the realisation of penalty.

(2) Every appeal under sub-section (1) shall be filed within a period of thirty days from the date on which a copy of the direction or order of decision made by the Board is received by the aggrieved person and it shall be in such form, verified in such manner and be accompanied by such fee as may be prescribed:

Provided that the Appellate Tribunal may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for not filing it within that period.

(3) On receipt of an appeal under sub-section (1), the Appellate Tribunal may, after giving the parties an opportunity of being heard, pass such orders thereon as it thinks fit.

(4) The Appellate Tribunal shall send a copy of every order made by it to the parties to the appeal and to the Board.

(5) The appeal filed under sub-section (1) shall be dealt with by the Appellate Tribunal as expeditiously as possible and endeavor shall be made by it todispose of the appeal finally within ninety days from the date of receipt of appeal: Provided that where any such appeal could not be disposed of within the said period of n