- (1.) Present writ petition is filed challenging the order dated 13.09.2010, passed by Haryana Electricity Regulatory Commission-respondent No. 2.
(2.) In the present case a very important question arises before this Court:- As to whether order passed by the Commission can be challenged by way of appeal before this Court under Section 39 of the Haryana Electricity Reforms Act, 1997 (hereinafter referred as 'Haryana Act') or can be challenged before Appellate Tribunal under Section 111 of the Electricity Act, 2003 (hereinafter referred as '2003 Act').
(3.) Learned counsel for the petitioners has submitted that the Haryana Regulatory Commission was constituted under the Haryana Act, therefore, order passed by the Commission, appointed under the Haryana Act, can be challenged before this Court under Section 39 of the Haryana Act by way of appeal, therefore, present petition be treated as appeal under Section 39 of the Haryana Act. He further contends that since appeal lies under Section 39 of the Haryana Act, therefore, it is for the aggrieved party either to file appeal under Section 39 of the Haryana Act or to approach Tribunal under Section 111 of the 2003 Act. As per learned counsel Haryana Act was saved and was not repealed as provided under Section 185 of 2003 Act.;