(1) The Appellate Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure (5 of 1908), but shall be guided by the principles of natural justice and, subject to the other provisions of this Act, the Appellate Tribunal shall have powers to regulate its own procedure.
(2) The Appellate Tribunal shall have, for the purposes of discharging its functions under this Act, the same powers as are vested in a civil court under the Code of Civil Procedure (5 of 1908) while trying a suit in respect of the following matters, namely:—
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of documents;
(c) receiving evidence on affidavits;
(d) requisitioning of any public record or document or copy of such record or document from any office;
(e) issuing commissions for the examination of witnesses or documents;
(f) reviewing its decisions;
(g) dismissing a representation for default or deciding it ex parte;
(h) setting aside any order of dismissal of any representation for default or any order passed by it ex parte;
(i) any other matter which may be prescribed.
Legal Commentary & Landmark Judgments: Section 120
Section 120 of the Electricity Act, 2003 defines the procedure and powers of the Appellate Tribunal, providing that the Tribunal shall not be bound by the Code of Civil Procedure, 1908, but shall be guided by principles of natural justice and endowed with civil court powers.
APTEL's freedom from technical CPC rules allows parties to introduce subsequent material events, new government notifications, or revised tariff orders through interlocutory affidavits; do not hesitate to place contemporaneous market developments on record under Section 120.