Order: Short term Open Access will continue only for a period of one week from today, after which it will automatically cease
Honourable Supreme court in one of its judgement held that (APSLDC vs KSK in the matter of power to Aptel under section 121 of EA) ” A cursory reading of this Section would show that the Appellate Tribunal may, after hearing either the Appropriate Commission or other interested party, issue orders, instructions or directions to any Appropriate Commission for the performance of its statutory functions under the Act. Section 121 does not give the Appellate Tribunal any power to decide disputes pending before such Tribunals. On this short ground, therefore, the Appellate Tribunal’s order dated 24.12.2020 has to be set aside. Consequently, the consequential orders issued pursuant to this order also stand set aside.
The parties are now free to go back to the Central Commission, and the Central Commission will decide the dispute before it in accordance with law, including questions as to jurisdiction. We have been informed that pursuant to the order passed by the Appellate Tribunal on 12.01.2021, the SLDC had, in fact, complied with the order and has therefore granted short term Open Access. This short term Open Access will continue only for a period of one week from today, after which it will automatically cease, subject to any orders that may be passed