Arbitration and Appeals

Arbitration by the Commission

(1) Notwithstanding anything contained in the Arbitration and Conciliation Act, 1996, any dispute arising between licensees shall be referred to the Commission. The Commission may proceed to act as arbitrator or nominate arbitrator or arbitrators to adjudicate and settle such dispute. The practice or procedure to be followed in connection with any such adjudication and settlement shall be such as may be prescribed by regulations.

(2) Where the award is made by the arbitrator appointed by the Commission it shall be filed before the Commission and the Commission shall be entitled to pass appropriate orders on the award including orders to,-

(a) confirm and enforce the award;

(b) set aside or modify the award; or

(c) remit the award for reconsideration by the arbitrator.

(3) The award given by the Commission under sub-section (1) or the order passed by the Commission under sub-section (2) shall be a decision or order of the Commission and shall be appeal able as provided in this Act.

(4) An award made or an order passed by the Commission under sub-section (2) shall be enforceable as if it were a decree of the Civil Court.

 


Appeals from decisions of electrical inspectors

38. Notwithstanding the provisions of sub-section (2) of section 36 of the Indian Electricity Act, 1910 in the absence of any express provision to the contrary in the Indian Electricity Act, 1910 or the Electricity (Supply) Act, 1948, or any rule made there under, an appeal shall lie from the decision of an Electrical Inspector (other than an Inspector of the Central Government or the Central Electricity Authority) to the Commission or to an arbitrator to be appointed by the Commission in terms of section 37.
 


Appeals against the orders of the Commissions.

39. A person aggrieved by any decision or order of the Commission passed under this Act may file an appeal to the High Court of Andhra Pradesh within sixty days from the date of communication of the decision or order of the Commission to him, on questions of law arising out of such order:

Provided that the High Court may, if it is satisfied that the appellant was prevented by sufficient cause from the filing the appeal within the said period, allow it to be filed within a further period not exceeding thirty days.