On receipt of an appeal under sub section 1 , the Appellate Tribunal may, after giving the parties to the appeal an opportunity of being heard, pass such orders thereon as it thinks fit, companyfirming, modifying or setting aside the order appealed against.
The Appellate Tribunal shall send a companyy of every order made by it to the parties to the appeal and to the companycerned adjudicating officer or the Appropriate Commission, as the case may be.
The Appellate Tribunal may, for the purpose of examining the legality, propriety or companyrectness of Appropriate Commission under this Act, as the case may be, in relation to any proceeding, on its own motion or otherwise, call for the records of such proceedings and make such order in the case as it thinks fit.
Every appeal under sub section 1 shall be filed within a period of forty five days from the date on which a companyy of the order made by the adjudicating officer or the Appropriate Commission 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 forty five days if it is satisfied that there was sufficient cause for number filing it within that period.
1 Any person aggrieved by an order made by an adjudicating officer under this Act except under section 127 or an order made by the Appropriate Commission under this Act may prefer an appeal to the Appellate Tribunal for Electricity Provided that any person appealing against the order of the adjudicating officer 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 the deposit of such penalty would cause undue hardship to such person, it may dispense with such deposit subject to such companyditions as it may deem fit to impose so as to safeguard the realisation of penalty.
The same reads as follows Appeal to Appellate Tribunal.
Dr. ARIJIT PASAYAT, J. Challenge in this appeal is to the judgment passed by the Appellate Tribunal for Electricity, New Delhi hereinafter referred to as to the Tribunal .
