Nowithstanding anything containcd in thc rulca, c,tGrwr( tlre rules aft silcort or no provision is rnade, thc Chairperson m8y issuc appropriac dirrstbns o tlmorrc diffioulties qnd issuc such orders or circulars to gov€rn the situstion or contingcncy that may arisc ir tho trting of 6o Ttihn l.'
CC}IEDt'LE (FEES) The fco palreblG shell b6
(i) in mspect of eppoel under $.6(2) of socrion 1 11 of the Act where the. reepondents arE ,b[n or ,ess Re. One lekh end shere Rospo#€nts exceed four, 8n additional bo of Rs.'10,000/- shall be paid for eadr repondent
(ii) For petition under section 121 of the Ad, if the Respondents are four or les6 Rs. One hkh And where Respondents excsed four, Additbnal Fee of Rs. 1O,Om/- for each rdspondent (iiD ]f prooeedingn are instituted by mote than one Appellants/Petitioners, or association fee payable on such Appeal/petition
(iv) Review petition fee
(v) Execution Petition
(vi) Transmission of otdet ot direction to Civil Court for elocution.
|.LL,L ' 8 Rs. 1,00,0001 Rs.30,@0/- Rs.5,000/- Rs.3,000/- $ TllEGAZETTEOF INDIA : EXTRAORDINARY IPexrll-Srr 3(i)l
(vii)
(viii)
(ix)
(x)
(xi)
(xii)
(xiii) For lodging caveat Rs.30001 lnterlocutory application Rs.10001 VakalaUauthorization Court fee payable Rs. 251 Copying charges for furnishing certified copy- Rs. 25lper page One time process fee payable with each appeal/ petition/interlocutory application/every proceeding instituted. Rs.2000/- lnspeclion Fee Rs. 500/- Enclosure/Annexure Court fee Rs. 251- FORM - I ( See Rule 20 l . edrorandum of Appeal Preferred under sub-section I and 2 of Section I I { of The Electrlcity Act, 2003 IN THE APPELLATE TRIBUNAL FOR ELECTRICITY AT NEW DELHI APPELLATE JURISD]CTION APPEAL NO. _OF 200 CAUSE TITLE A.B, .......Appellant (s) And c.D. Respondent(s) I including appropriatecommission/ad.ludicatingofficer ] ( with short address ) Details of Appeal I appeal und€; oec-tion .........of the Eleclricity Act, 2003 against impugned ord€r of th iadjuaicating officsr/appropriate commission ) dated ... ....passed under sec{io ... ... ......... ... of tha Electricity Act, 2003.
Date on which the ordor appsalod egainst is communicated and proof thereof, if any' Thc addreas of the aPpellant for 8€rvica is as set out h€reund€r:
Postal address including PIN cod€ Phone number including mobile number *kmail'FfiNo.
Betneen
1.
2.
3.
.,.
D iD Ji') lv) I qrq u-q!-g 3( qt{d SI {qqX : str(lgRq v) Address of Cournelwith Phoie No., Fax No., e-mail
4. The address of the respondents for service of all notices in the appeal are as set out hereunder:
i) Postal address including PIN code ii) Phonc number iii) E-mail iv) Fax Number v) Mobile Number vi) Address of Counsel with Phone number, Fax numbar, e-mail and motrilc nrmbcr.
Jurisiiiction of the Appellate Tribunal' The appellant ilec{ares that the subiec{ maner of the app€al b within thi juriadiction of thig Tribunal.
6. Limitation The Appellanus declare thet the app€al is within the period 3pccifiod in sub-soction (2) of secdion 111 of the Ac{. ( Explain how th6 app€81 is within the perind poscribed in caee the app€al is prefened after the expiry of 45 da)rs from the date of order/direclion/docbion against which this appeal is prefened ). ln case the appeal bar cd by limitation, the number of days of delay should he given along with interlocutory application for condonation of delay.
7. Facts of the case The facls of the case are given bbl6w :
(give here I concis€ statcm€nt of facts in a chronoltpical ordgr lollorved by elabo'mtion of issues including the question of law alising in tEe qppegl, Eaoh paragraph ehquld deal with, as far as possible a separate issue. ) Formulate (D the facts in issue or specify the dispute-b€tve€n tha perlica and (ii) summarize the questions of law that arise for consideration in the appeal ,
(a) Facls in issue
(b) Queetion of{aw Grounds raised with legal provieions 5
9.
10 11 Matters not previously filed or pending with any other court The appellant further declares that the app€llent had nAt.previously filod any writ petitiop or suii iegarding the matter in respecl of which this appeal.is prefened before any court or any Aheiautnolrity nor any such writ petition or suit is pending before any of them' I ln case the appellant previously had filed any.such writ p€tition or suit, the stage at whichii ;.;;i;g "'ni, ir o"iio"o, the outcome of ihe same thqrld b€ sp€cmed and a copy of the order should also be annex€C 1.
Specify below explaining.the grounds for Such relief (s) and the lagal provisioN, if any, relied upon.
D€tails of lnterim Application, tf any' preferred along with appoel '12
8.
0 THEGAZTTEOFINDIA: EXTRAORDINARY [Paxl ll-Sec 3(il1
13.
11.
15
17.
Details of impugned passrd in appeal/s, if any preferred before this Appellate Tribunal against the same .order/direction, by Respondents with num#rs, J"t".. .
"no r"t"rim order, if anythat appeal (if known).
Dctails of lndex I An index conlaining the details of the documents in chronological order relied upon is enclosed l.
P-articulars of fee payable and details of bank draft in favour of pay and Accounts officer, Ministry of Power, New Delhi.
ln respect of the fee for appeal.
Name of the Bank Branch_payable at Delhi. DD No
16. Lisl of enclosures
18.
Whether the order appealed as communicated in original is filed ? lf not, explain the reason for not filing the same.
\Alhether the apDelhnus is ready to file written submissions/arguments before the first hearing after servinE the copy of the same on Respondents.
1 2 3 4 20 19 Vvhether the copy .,'memorandum of appeal with all enclosures hes been foMarded to all respondents and a'l interested parties, if so, enclose postal recerpucourier receipt in addition to payment of Prescribed process fee.
Any olher relevant or material particulars / details which the appellant(s) deems necesEary to set out :
21. Reliefs Sought ln view of the facts mentioned in para 7 above, points in dispute and questions of law set out in Para 8, the appellant prays for the following relief (s) :
a) b) ,c) Dated at * .
day of 200 Counrol lor r,ppellant(s) th is Appellant (s) I ITFI Il-rg!-S3(i)l qKn rFI {lcFlll i *IFIT{q DECLARATIO|I AY APPELLANT Verified at on this at day of 200 Counsel for Appellant (s) APPELLANT(S) Verificadon | _(Name of the appellant ) S/o. Wo. D/o. I indicate any one, as the case may be l working as ln the office of resident of hereby verify that the 6l The appellant(s) above named hereby solemnly declare (s) that nothing material has been concealed or suppressed and further declare(s) that the enclosures and typed set of material papers relied upon and filed herewith are true copies of the original(s)/fair reproduction of the originals / true translation lhereof.
conlenls of the paras to knowledge/derived from official record believed to be true on legal advice and are true to .nYf*T,l ) and para to that I have not supprcrsssd any material facts.
Date Place Slgnrturc of tho .ppotLnt or eu{fiorized offcer 62 THE(;A7-ETT:OF INDIA EXTRAORDL,'ARY lP,ur II-Srr.3(i)l FORM II I See Rute 20 ] Petition under Sections 121t111 (6) of the Electricity Act 2003 Before the Appellate Tribunal for Electricity, New Delhi (Original Jurisdiction ) Original/Original Special Petition No...........of 200 .....
Betuleen A.B, ....Petitioner(s) And c.D. ........Respondent(s) I including appropriate commission/adiudicating officer ]( with address ) The petitioner/s above named beg/s to prefer this original petition for issue of orders or instructions or direc-tions under section 12'l of the Electricity Act and state as follor,vg :
The address for service on the petitioner is The address &fiicer is /are for service on Respondenvs appropriate commission/adjudicating \Mrether direclion/order/rule/instruction sought for is within jurisdiction of the Tribunal under section 121 .
Set out the details and explain the circumstances under which the present original petition is being moved.
Set out the details of representations/demands made on the Respondent appropriate Commission and reply/order is any received.
Set out the grievance or prejudice caused to the petitioner and consequences of not issuing directions/orders/instructions prayed for.
Set out the basis of claims, legal contentions/grounds based on which reliefs are sought for.
1 2 3 4 5 6 8 r q II-Eqg o 'ql(f 63 Any other materiel parti@lar wfrich the Petitioner deems relevant for the pettion may also be se{ out.
Relief eought for :
a) b)
10. Particulars of fee payable and details of bank draft in favour of the Pay and Accounts Officer, Ministry of Poweri New Delhi.
ln r6spec{ of the fee for.appeal.
Nam€ of the Bank
1. DD No. dated Whethsr lhc copy, d memorandum d ps0ion with all snclosures has been fomarded to all respondents and all interested parties, if so, enclose postal receipucomer receipt in additbn topayment of process fee as prescribed by the rulec.
,| 2 3
12.
13.
't4.
at Cdunrol for Petldoner ts Pettioner
7. lAlhe(her prcoeedings, if any akeady instltuH before other forums and the result of the poceedings.
Wheffier any other remedy is arailable under the Ebclrlcity Ac[ 2003 or any other StatutoryProvlslon of Eaur or Rule, 'lf so, why not invoked.
(set out in detail ) Whether petition in respect of reliefs prayed for any proceeding in pending before the Appollate Tribunal at the instance of Respondents / or any other third pdrty.
. Branch '_-_-_____payable
2.
11. , Ust of enclosules and copies liled :
DECLARATION The petitioner (s) above named hereby solemnly declare (s) that nothing malerial has been concealed or suppressed and further declare that the enclosures and typed set of material papers relied upon and filed herewith are original and fair reproduclron of originals or lrue translation thereof.
Verified at dated at this daY-of -200Gounsel tor Petitioner(s) |-(Nameofthepetitioner)S/o.Wo.D/o,(indicateanyone.
as the c:lse may be ) age working as _ in the office of resident of do hereby verify that the contents of lhe paras to _are true to my personal knowledge / derived from official record )and para _ to _are believed to be true on legal advice and that I have not suppressed any material facts.
Date Place Petitioner (s) Signature of the Petitioner or authorized offfcer FORM III I See Rule 20 I INTERLOCUTORY APPLICATION BEFORE THE APPELLATE TRIBUNAL FOR ELECTRICITY ln Appeal/Original Petition No. _of 200 Set out the Appeal No of 200 Set out the 1 Appeal No Appeal / Petition short cause title 200 Cause Title - lnterlocutory Application Petition for stav/direction/disoe nse with/condone delaylcallinq records The applicant above named state/s as follows Set out the relief (s) Brief facts Basis on which interim orders prayed for 1 ., 3 I g__.----- THEGAZETTEOF IMTA,UBAORpINRY tp^oII_S*.3G)l VERIFICATION rA NO. _OF 200 CAUSE TITLE t 'n ln-Ilu-s3(i)l qRiT 5T Q!FE( : 3&[qFvl 65 Balance of convenience, if any (All interlocutory applications shall be supported by an affidavit sworn by the Applicanuon its behalf and attest;d by a Notary Public).
DECLARATION The applicant above named hereby solemnly declare that nothing material has been concealed or suppressed and further declare that the onclosureq and typed set of material papers relied upon and filed herewith are true copies of the onginals or fair reproduction of the originals or true translatron thereof.
Verified at_dated at this day of 200 counsel foi Applicant VERIFICATION (Name of the applicant) S/o.Wo.D/o. (indicate any one, as the case may be ) age workino as in the office of -resident of do hereby verify that the contents of the paras to -_qre true to mY personal knowledge / derived from official record ) and para - to are believed to be true on legal advice and that I hAVe nol suppressed any material facts.
Applicant Signaturc of the ApPellahuPetitioner or authorized officer Date Place:
;tl:^ GIlo1- 9 4'.
I I I I l ({t THE GAATIEOF INDIA : EXTRAORDINARY IPamtr--Src.3(i)l Between CAVEAT PETITION IV FORM I See Rute 22 ] Memorandum of Caveat Before the Appellate Tribunal for Electricity (Caveat No. _of 200 ) CAUSE TITLE Caveat or Expected AppellanUPetitioner AB And CD 1 Set out details of the order against which appealiappticationi petition js expected, in the matter of dispute belween AB and CD.
a) Address for service on the caveator b) Address for service on the Counsel for the caveator
4. Set out the details of expected Appellant (s)/Petitioner (s) With address (i)
(ii)
(iii) The caveator undertakes to accept service of appeal or petition or application and appear before this Tribunal on the date and time at which the appeal/petition/application is moved by RespondenUexpected appellant/petitioner.
3 i I I l, I I i., Specify the authority who passed the order with reference number and date (enclose copy of order appealed against ).
Prayer: Let no orders be passed in the appeal expected to be filed or any interloculory application that may be preferred by the expected Appellant/Petitioner without service of notice on the caveator I I I I I L I I Tm -Eu's3(i)] qr(l 6T mFl.,I : g€IqTrq 67 Dated at N€w Delhi Day_of (Month) 200 Counael for Caveator Cav.ator Verificadofi The caveator above named state and verify that the contents of this oavoat lodgpd ae true and conecl.
Verified at New Delhi on Cavertor FORI NO. V I See Rule 57 ] Pending/Disposed of APPELLATE TRIBUI{AL. FOR ELECTRICITY BEI{CH Application No. tn ApplicanUs/3'd party/Appefi anuPetitionor vs Respondenus Application ior ln pection of OocurnontrrRecordr undcr Rulc 6i/ I hereby apply for grant of permission to inspect the docurnEnts/rocords in the above case.
The details are as follows :-
1. Name and address of the person seeking inspeclion :
2 Whether he is a party to the case/his Legal Practitioner and if so, his rar* therean.
2' 1 l't - lo This day of -2oO . .
of200 ' ' 6l IHIIGAZ;'rrEOF INDIA : IIXTRAOIiDINARY tP^{r ll-Src.3(i)l
3. Details of the papers/documents sought lo be inspected
4. Reasons for seeking the lnspection
5. The date and duration of the inspection sought for
6. Whether fee is paid and if so, the mode of payment 7 lf a third party, whether a vakalal has been filed with Court Fee Stamp ..
Verification stale that the above facts are true and correcl Place Date Applicant Registrar APTEL,, Endorsement atter rnspection
1............, the applicant above named inspected the documentsi records on presence of Mr...... .... . ... ... ... ....between ... ... ... ... ...... .....to ...........Hrs on inspeclion is completed/concluded.
Dated cay ..... ..,2005 the and In ApplrcanVCounsel Office Use Granted inspection for _hours on /reJected.
I qm -r.us3(i )l qf(d in {nfqif : ln'qTrllfll o Form ltlo. Vl I See Rde 67 ] FORIf, OF VAXALATHTATA PELLATE TRIAUNAL FOR ELECTRICITY -BENCH 200 AppellanUs Appeal/Petition /No.
t,....
abov; ;;;,;nd;;;
and applications for rdu payable to me/us in the sl leave to the supreme coq Place Date Executed in my preeenc8.r 'Signalure with date.
(Name and Designation) (Address for aervice on App€llanUR€spondent.
Full AddreBs.,. ...
Phone No Fax No of ,vs .............Appe|hnt No...
RespondenUs ./Rcapondent No... in lh€ hereby i, plead and rc{ for ma/us in,the above appeaUpetition and to conduct and prosecute all procoedings that may b€ taken ln rssped thoreof appoint and retsin Shri ...Advocate/s to appea rn of documor s, enter into compromiso and to dr.ix'eny moncys Eid pr0c6€dirE and also to.appear in all applications for review and for rt of lndia in all applications for review of judga-aenl.
Signature of the Party "Accepted' 'Signalure with date (Namc and D6signation) thE Counsol for FLrnish to'The tollolrving carlilication blind or illiterals:- be given when tho party is unacquarnted with th€ language of the vakalat or is The contanb of the val€latnama wBr€ truly and audibly r6ad over/trandated into .. ... . . language known to the party executing lhe vakCatnema and he seems to have understood the 6ane' Signature with date ) (Name and Designation) I APPELLATE TRIBUNAL FOR ELECTRICITY BENCH Appeal/Petilion/ /NO. ol 200 AppellanUApplicant VS RespondenUs 1,...,.,.................. .........aged..... .. . . .. ... .....years, son/daughter/wife of..,.........
...,..(name and occupation ofthe deponent).
residing at (Full address) . ... ....,. ... ....do hereby swear in the name of God/solemnly aflirm and state as follows :
Para. 1 Para. 2 Para. 3 Contents of Paragraphe l'los. ....... ...... ... ... .are within my personal knowledge and cont€nts of Paragraphs Nos...,. . .are based on information received by me whiclr I believe the same to be true (state the source of information wherever possible and the grounds for belief, if any ).
, Place :
Date :
No. of correctrons on page nos.
ldentified by :
Sworn/solemnly affirmed before me on this the 'To add endorsement in Form No when necessary Signature of the Deponent Name in Block Letters Before me Signature (Name and Designation of the Attesting Aulhority with Seal) li mECMInEOFINDIA, Form No. Vll I See Rule 70 ] AFFIDAVIT I dayof..200.
I qn - qIG rET {Flqr : sRmaf(ll APPELLATE TRIETITL FM.Ef,ECTRICITY FOil XO. rrut I 3r. fu1,."73 I Cetfi{ication wh6n doponsnt is unecqu.irdod with th6 langueg€ of the afridavit or is blind or illit rate.
Contents of th€ affidayit rero truly and audibly read over/henslat,ad into ........................1an9ua98 kno rn to th6 doponont ard he soerns to hsvc undeEtood th€ same and aftxed his LTllSignatun/Mark.
(SEnatuG ) t{sm6.and dc(rndion vith dde.
FOHI 1{O. tX t S.o Rule 7l I APELLATE TRIBI.IT{AL FOR ELECIREMT .......aEilcH n Appeat/Pstition No.........
Between (By Advocatio Shri afid oF 200 .AppellanUPetitioner ) Rapondor /s Und6r S€€lion 120 of Ehctricity Act 2003 r^/v C.P.C.
\&hereas the Tribunal suo motu or on considcration of ttp r€qurGt madc by Shri ( App€llant/Petitioner No. ) having been satisfied that producdon of the following documents/reco(ds under. lJour corfiouqJstody is nec€ssary for prop€r decision of the above 6ae, you are hereby direct€d to cause produciim of the eaid doarrnentE/records before this Tribunal ffoilard duly authentiotd Gopios thercof on or before the of.....200.........
@nter description of documents requbition€d ) day .By Ordcr of Tribunal ' Rqistrar Date (By Advocale Shri .............)
n THECATETTEOF INDIA: EX'IRAORDINARY
1.
2.
4.
5.
6.
lP.lxrll-Sr,(.. l(i)l FORM NO. X I See Rute 85 ] APPELLATE TRIBUNAL FOR ELECTRICITY ...........8ENCH Appeal/Petition No of 200 Deposition of PWRW Name Father's/Mother's/Husband's Name :
Age Occupation Place of Residence and addiess Name of lhe Officer administering the Oath / afiirmation Name of lhe Interpreter if eny, duly Sworn/ solemnly affirmed Duly sworn/ solemn,y/ affirmed Examination-in-chief : By Date Cross examination : By Re-examination, if any (Signature of the witness on each page) Statement of witness as recorded was re6d over/translated to the witness. who admitted it to be correcl.
Signature of the Member of the Tribunal with dale FORM NO. XI I See Rule 87 ] CERTIFICATE OF DISCHARGE Certified that ... . . . ... appeared before this Tribunal as a witness'/in/ No. ....................of 20......, on behalf of the appellanupetitioneri respondenuas Court witness on this . . . . . . .. . . . . . . . day of ... .200... ...
and that he was relieved at ......................on... ... . He was paid/not paid any T.A. and D.A./Batta of Rs.......,.........,.
Date : Signature of the Registrar a 7 ) (Seal of theTribunal) FORX ilo. Xn [ 8.. Rulo l03l APPELLATE TRIBUML FOR ELECTRICITY ...................BENCH REGISTER OF SLP!/APPEALS TO SUPRE E COURT sl.
No tF. No.46rbf20tR &Rl AJAY SHANKA& Addl. S.cy.
90prtno Courl }*o. ot SLP/rpp aal B.aort O|.
ilo.ol thc oraa arraaLd .!ald t{.lr|. ot ttl.
Appllcrntl Ra.poM.
D.b ot &p.lch of rDcoat to 3C O|io ot r!c.lpt ot rtcottl tron !lc SLP dlltnlr.- aad, rllo d v,llh dal, l arlri Dlrt do a lt.trr, tlOr drt Fln.l orhr ln lrr.
rppa.l wtfl d.ta Ol.E{.
lon lt.ny, lo.
cofidl by lrlo Tdbutl rl ltF Tatan ior corndLn fti,r.d b, lh. M.og!., Ootr. ol l6di. Pdr Rrre Rdd' l&v.Pt! N'w Dtlhi_l lcD64 .nd Publih.d !, tt. Cdroll.. or Plblirtio ' D.lhi_Iloo5''' t qr -rvg3(i)l ql(lt rEr lI{Icl : sTsrrlRq I