JUDGMENT :

J.B.PARDIWALA, J.

1. This appeal under Section 27 of the ELECTRICITY REGULATORY COMMISSION ACT , 1998 (for short, “the Act, 1998”) is at the instance of the Gujarat Electricity Board being the original respondent before the Gujarat Electricity Regulatory Commission, Ahmedabad and is directed against the common order passed by the Commission dated 6th September 2002 declaring the levy and the collection of charges @ 3 times of demand charges on excess drawal of power under clause 15 of the Commercial Circular No.687 dated 21st December 1998 and the revised Commercial Circular No.687-A dated 26th October 1999 resply as without jurisdiction. The Commission also directed the appellant - GEB to refund the amount recovered from the respondent herein under the two circulars referred to above for the period between 1998 and October 1999 with interest @ 6% per annum.

2. The facts giving rise to this appeal may be summarised as under:

3. The appellant - Gujarat Electricity Board came to be constituted by the State Government under Section 5 of the Electricity (Supply) Act, 194