(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 preferring an appeal against an order determining any penalty under this Act shall deposit fifty per cent. of the penalty determined by the adjudicating officer or the Appropriate Commission with the Appellate Tribunal before the appeal is entertained.
(2) Every appeal under sub-section (1) shall be filed within a period of forty-five days from the date on which a copy 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 not filing it within that period.
(3) 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, confirming, modifying or setting aside the order appealed against.
Legal Commentary & Landmark Judgments: Section 111
Section 111 of the Electricity Act, 2003 governs appeals to the Appellate Tribunal for Electricity (APTEL), providing that any person aggrieved by an order of the Appropriate Commission may prefer an appeal within forty-five days, accompanied by prescribed fees.
When filing a Section 111 appeal before APTEL, annex an urgent interlocutory application for stay supported by an affidavit demonstrating prima facie error, balance of convenience, and irreparable financial injury; APTEL regularly grants interim tariff protection.