Appellate Tribunal for Petroleum and Natural Gas (Procedure, Form, Fee and Record of Proceedings) Rules, 2009

Petroleum and Natural Gas Regulatory Board Act, 2006

The Appellate Tribunal for Petroleum and Natural Gas (Procedure, Form, Fee and Record of Proceedings) Rules, 2009

Published vide Notification No. G.S.R. 812(E), dated 11th November, 2009

Act2530

Ministry of Petroleum and Natural Gas

G.S.R. 812(E). - In exercise of the powers conferred by clause (f) of sub-section (2) of section 60 of the Petroleum and Natural Gas Regulatory Board Act, 2006 (19 of 2006), the Central Government hereby makes the following rules, namely:

Chapter - I

Preliminary

1. Short title and commencement. - (1) These rules may be called the Appellate Tribunal for Petroleum and Natural Gas (Procedure, Form, Fee and Record of Proceedings) Rules, 2009.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. Definitions. - In these rules, unless the context otherwise requires -

(a) "Act" means the Petroleum and Natural Gas Regulatory Board Act, 2006 (19 of 2006);

(b) "Advocate" shall have the same meaning as is assigned to it in the Advocates Act, 1961 (25 of 1961);

(c) "Agent" means a person duly authorised by a party to present a petition, caveat, interlocutory application, appeal etc. or any document on its behalf before the Appellate Tribunal;

(d) "Appellate Tribunal" means Appellate Tribunal referred to in the Act and called as the Appellate Tribunal for Petroleum and Natural Gas;

(e) "Chairperson"'means the Chairperson of the Appellate Tribunal;

(f) "Interlocutory Application" means an application in any appeal or original petition on proceeding already or simultaneously instituted in the Appellate Tribunal, but not being a proceeding for execution of the order or direction of Appellate Tribunal;

(g) "Member" means Member of the Appellate Tribunal appointed under section 31 of the Act;

(h) "Registrar" means the Registrar of the Appellate Tribunal and includes the Deputy Registrar of the Appellate Tribunal to whom the power and functions of the Registrar may be delegated or assigned by the Chairperson from time to time;

(i) "Registry" means the Registry of the Appellate Tribunal;

(j) "Section" means a section of the Act;

(k) words and expressions used herein and not defined but defined in the Act shall have the meanings respectively assigned to them in the Act.

Chapter - II

3. Computation of time. - Where a period is provided by the Act and these rules or under any other law or is fixed by the Appellate Tribunal for doing any act, in computing the time, the day from which the said period is to be reckoned shall be excluded, and if the last day expires on a day when the office of the Appellate Tribunal is closed, that day and any succeeding days on which the Appellate Tribunal remains closed shall also be excluded.

4. Forms. - The forms specified by, these rules with such modifications or variations as the circumstances of each case may require shall be used for the purpose mentioned therein and where no form is specified to cover a contingency, a form as may be approved by the Registrar, shall be used.

5. Authentication of order or direction or rule, etc. - Every rule, direction, order, summons, warrant or other mandatory process shall be issued in the name of the Chairperson and shall be signed by the Registrar or any other officer specifically authorized in that behalf by the Chairperson, with the date, month and year of signing and shall be sealed with the seal of the Appellate Tribunal.

6. Official seal of the Appellate Tribunal. - The official seal of the Appellate Tribunal shall be such, as the Chairperson may, from time to time, specify and shall be in the custody of the Registrar.

7. Custody of the records. - The Registrar shall have the custody of the records of the Appellate Tribunal and no record or document filed in any cause or matter shall be allowed to be taken out of the custody of the Appellate Tribunal without the leave of the Appellate Tribunal:

Provided that a staff of the establishment with the prior written approval of the Registrar may, remove any official paper or record for official purposes from the Appellate Tribunal.

8. Sitting hours of the Appellate Tribunal. - Subject to any order made by the Chairperson, the sitting hours of the Appellate Tribunal shall ordinarily be from 10.30 AM. to 1.30 P.M. and from 2.30 P.M. to 4.00 P.M.:

Provided that the Bench of the Appellate Tribunal may extend its sitting as it deems fit.

9. Working hours of the Appellate Tribunal. - (1) The office of the Appellate Tribunal shall remain open on all working days from 10.00 A.M. to 5.30 P.M.

(2) The Filing Counter of the Registry shall be open on all working days from 10.30 A.M. to 5.00 P.M.

10. Judicial Member to preside. - The Judicial Members shall preside over the courts of the Appellate Tribunal.

11. Calendar. - The Calendar of days of working of Appellate Tribunal in a year shall be as decided by the Chairperson and Members of the Appellate Tribunal.

12. Motion cases. - All urgent matters filed before 12 noon shall be listed before the Appellate Tribunal on the following working day, if it is complete in all respects as provided in these rules and in exceptional cases, it may be received after 12 noon but before 3.00 P.M. for listing on the following day, with the specific permission of the Appellate Tribunal or Chairperson.

13. Power to exempt. - The Appellate Tribunal may, on sufficient cause being shown, exempt the parties from compliance with any requirement of these rules and may give such directions in matters of practice and procedure, as it may consider just and expedient, on the application moved in this behalf to render substantial justice.

14. Power to extend times. - The Appellate Tribunal may, extend the time appointed by these rules or fixed by any order, for doing any act or taking any proceeding, upon such terms, if any, as the ends of justice may require, and any enlargement may be ordered, although the application therefore is not made until the expiration of the time appointed or allowed.

Chapter - III

Powers and Function of the Registrar

15. Powers and functions of the Registrar. - The Registrar shall have the following powers and functions, namely:-

(a) registration of appeals, petitions and applications;

(b) to receive applications for amendment of appeal or the petition or application or subsequent proceedings;

(d) to receive applications for fresh summons or notice and for short date summons and notices;

(e) to receive applications for substituted service of summons or notices;

(f) to receive applications for seeking orders concerning the admission and inspection of documents;

(g) transmission of a direction or order to the civil court as directed by Appellate Tribunal with the specified certificate for execution, etc; and

(h) such other incidental matters as the Chairperson may direct from time to time.

16. Power of adjournment. - All adjournments shall normally be sought before the concerned Bench in court and in extraordinary circumstances, the Registrar may, if so directed by the Appellate Tribunal in chambers, at any time adjourn any matter and jay the same before the Appellate Tribunal in chambers.

17. Delegation of powers by the Chairperson. - The Chairperson may assign or delegate to Registrar or Deputy Registrar, all or some of the functions required by these rules to be exercised by the Chairperson.

Chapter - IV

Procedure for filing appeal, petition, application, etc.

18. Procedure for filing appeal, petition, application, etc. - (1) Every appeal or petition or application or caveat petition or objection or counter presented to the Appellate Tribunal shall be in English and in case it is in some other Indian language, it shall be accompanied by a copy of translation in English and shall be fairly and legibly type written, lithographed or printed in double spacing on one side of standard petition paper with an inner margin of about four centimetres width on top and with a right margin of 2.5 centimetres, and left margin of 5 centimetres, duly paginated, indexed and stitched together in paper book form;

(2) The cause title shall state "In the Appellate Tribunal for Petroleum and Natural Gas" and respectively shall specify the jurisdiction Appellate or Original under section 33(1) and section 34 respectively of the Act in which it is presented and set out the proceedings or order of the Petroleum and Natural Gas Regulatory Board against which the appeal is preferred. -

(3) Appeal or petition or application or counter or objection shall be divided into paragraphs and shall be numbered consecutively and each paragraph shall contain as nearly as may be, a separate fact or allegation or point.

(4) Where Saka or other dates are used, corresponding dates of Gregorian Calendar shall also be given.

(5) Full name, parentage, description of each party and address and in case a party sues or being sued in a representative character, shall also be set out at the beginning of the appeal or petition or application and need not be repeated in the subsequent proceedings in the same appeal or petition or application.

(6) (a) The names of parties shall be numbered consecutively and a separate line should be allotted to the name and description of each party.

(b) The numbers of the parties shall not be changed and in the event of the death of a party during the pendency of the appeal or petition or application, his legal heirs or representative, as the case may be, if more than one shall be shown by sub-numbers.

(c) Where fresh parties are brought in, they may be numbered consecutively in the particular category, in which they are brought in.

(7) Every application, petition or application, etc proceeding shall state immediately after the cause title of the provision of law under which it is preferred.

19. Particulars to be set out in the address for service. - The address for service of summons shall be filed with every appeal or petition or application or caveat, etc on behalf of a party and shall as far as possible contain the following items, namely:-

(a) the name of the road, street, lane and municipal division or ward, municipal door and other number of the house;

(b) the name of the town or village;

(d) any other particular necessary to identify the addressee such as fax number, mobile number and e-mail address, if any.

20. Initialling alteration. - Every inter lineations, eraser or correction or deletion in any appeal or petition or application, etc. or in any document shall be initialled by the party or his recognised agent or advocate presenting it.

21. Presentation of appeal or petition. - (1) Every appeal, petition, caveat, interlocutory application and documents shall be presented in triplicate by the appellant or petitioner or applicant or respondent, as the case may be, in person or by his duly authorized agent or by an advocate duly appointed in this behalf, in the specified form with stipulated fee at the filing counter and non compliance of this may constitute a valid ground to refuse to entertain the same

(2) Every appeal or petition shall be accompanied by a certified copy of the impugned order.

(3) All documents filed in the Appellate Tribunal shall be accompanied by an index in triplicate containing their details and the amount of fee paid thereon.

(4) There shall be filed along with the appeal, petition or application, etc. as many copies of appeal, petition, application, etc as there are respondents.

(5) In the pending matters, all applications shall be presented after serving copies thereof in advance on the opposite side or his or her advocate on record.

(6) The processing fee, with required number of envelopes of sufficient size and notice forms as specified in Form - I shall be filed along with memorandum of appeal.

(7) The processing fee as specified in Form - II shall be filed with the original or original Special Petition.

(8) Interlocutory Application before the Appellate Tribunal for Petroleum and Natural Gas shall be filed in Form - III.

22. Number of copies to be filed. - The appellant or petitioner or applicant or respondent shall file three authenticated copies of appeal or petition or application or counter or objection, as the case may be, and shall deliver one copy to each of the opposite party.

23. Lodging of Caveat. - (1) The respondent may lodge a cavern in triplicate in any appeal or petition or application that may be instituted before the Appellate Tribunal, by paying the specified fee after forwarding a copy by registered post or serving the same on the expected petitioner or appellant and the caveat shall be in Form IV and contain Such details and particulars or orders or directions, details of authority against whose orders or directions the appeal or petition is being instituted by the expected appellant or petitioner with full address for service on other side, so that the appeal or petition be served before the appeal or petition or interim application is taken up:

Provided that it shall not affect the jurisdiction of the Appellate Tribunal to pass interim orders in case of urgency.

(2) The caveat shall remain valid for a period of ninety days from the date of its filing.

24. Endorsement and Verification. - (a) At the foot of every petition or appeal or pleading there shall appear the name and signature of the advocate, if any, representing the party concerned who has drawn the same and also the name of the senior advocate, who may have settled it.

(b) Every appeal or petition shall be signed and verified by the party concerned in the manner provided by these rules.

25. Translation of document. - (1) A document in a language other than English intended to be used in any proceeding before the Appellate Tribunal shall be received by the Registry accompanied by a copy in English, which is agreed to by both the parties or certified to be a true translated copy by an advocate engaged on behalf of parties in the case or by any other counsel whether engaged in the case or not or if the counsel engaged in the case authenticates such certificate or prepared by a translator approved for the purpose by the Registrar on payment of such charges as he may order.

(2) Appeal or petition or other proceeding shall not be set down for hearing unless all parties confirm that all the documents filed on which they intend to rely are in English or have been translated into English and required number of copies are filed before the Appellate Tribunal.

26. Endorsement and scrutiny of petition or appeal or document. - (1) The person in charge of the filing-counter shall immediately on receipt of petition or appeal or application or document affix the date stamp of Appellate Tribunal thereon and also on the additional copies of the index and return the acknowledgement to the party and he shall also affix his initials on the stamp affixed on the first page of the copies and enter the particulars of all such documents in the register of daily filing and assign a diary number which shall be entered below the date stamp and thereafter cause it to be seat fer scrutiny.

(2) If, on scrutiny, the appeal or petition or application or document is found to be defective, such document shall, after notice to the party, be returned for compliance and if there is a failure to comply within seven days from the date of return, the same shall be placed before the Registrar who may pass appropriate orders.

(3) The Registrar may, for sufficient cause return the said document for rectification or amendment to the party filing the same, and for this purpose may allow to the party concerned such reasonable time as he may consider necessary or extend the time for compliance.

(4) Where the party fails to take any step for the removal of the defect within the time fixed for the same, the Registrar may, for reasons to be recorded in writing, decline to register the-pleading or document

27. Registration of appeal, application, petition, etc. - On the registry accepting an appeal or petition or caveat or application, the same shall be numbered and registered in the appropriate register maintained in this behalf and its number shall be entered therein.

28. Ex parte amendments. - The Registry may, on the order of the Registrar rectify any arithmetical, grammatical, clerical and such other errors in any appeal or petition or application without notice to the parties.

29. Calling for records. - On the admission of appeal or petition or application the Registrar shall, if so directed by the Appellate Tribunal, call for the records relating to the proceedings from the Board and retransmit the same at the conclusion of the proceedings or at any time.

30. Production of authorization for and on behalf of an association. - Where an appeal or application or petition etc purported to be instituted by or on behalf of an association, the person or persons who sign or verify the same shall produce along with such application, for verification by the Registry, a true copy of the resolution of the association empowering such person to do so:

Provided that the Registrar may, at any time, case upon the party to produce such further materials as he deems fit for satisfying himself about due authorization;

Provided further that it shall set out the list of members for whose benefit the appeal, application, petition, etc are instituted.

31. Interlocutory application. - Every Interlocutory Application for stay, direction, condonation of delay, exemption from production of copy of order appealed against or extension of time prayed for in pending matters shall be in Form III and the requirements specified in that behalf shall be complied with by the applicant, besides filing an affidavit supporting the application.

32. Procedure on production of defaced, torn or damaged documents. - When a document produced along with any pleading appears to be defaced, tom, or in any way damaged or otherwise its condition or appearance requires special notice, a mention regarding its condition and appearance shall be made by the party producing the same in the Index of such a pleading and the same shall be verified and initialled by the officer authorized to receive the same.

Chapter - V

Cause List

33. Preparation and publication of daily cause list. - (1) The Registry shall prepare and publish on the notice board of the Registry before the closing of working hours on each working day the cause list for the next working day and subject to the directions of the Chairperson, listing of cases in the daily cause list shall be in the following order of priority, unless otherwise ordered by the concerned Bench, namely;-

(a) cases for pronouncement of orders;

(b) cases for clarification;

(d) part-heard cases, latest part-heard having precedence; and

(e) cases posted as per numerical order or as directed by the Bench;

(2) The title of the daily cause list shall consist of the number of the appeal or petition, the day, date and time of the court sitting, court hall number and the coram indicating the names of the Chairperson, Judicial member and Technical members constituting the Bench.

(3) Against the number of each case listed in the daily cause list, the following shall be shown, namely;-

(a) names of the legal practitioners appearing for both sides and setting out in brackets the rank of the parties whom they represent;

(b) names of the parties, if unrepresented, with their ranks in brackets.

(4) The objections and special directions, if any, of the Registry shall be briefly indicated in the daily cause list in remarks' column, whenever compliance is required.

34. Carry forward of cause list and adjournment of cases on account of non sitting of a Bench. - (1) If, by reason of declaration of holiday or for any other unforeseen reason, the Bench does not function for the day, the Daily Cause List for that day shall, unless otherwise directed, be treated as the Daily Cause List for the next working day in addition to the cases already posted for that day.

(2) When the sitting of a particular Bench is cancelled for the reason of inability of Member of the Bench, the Registrar shall, unless otherwise directed, adjourn the cases posted before that Bench to a convenient date and the adjournment or posting or direction shall be notified on the notice board.

Chapter - VI

Record of Proceedings

35. Order sheet. - (1) Order sheet shall be maintained in every proceedings and shall contain all the orders passed by the Appellate Tribunal from time to time.

(2) All orders passed by the Appellate Tribunal shall be in English and the same shall be signed by the members of the Appellate Tribunal constituting the Bench:

Provided that the routine orders, such as call for of the records, put up with records, adjourned and any other order as may be directed by the Member of the Appellate Tribunal shall be signed by the Court Master.

(3) The order sheet shall also contain the reference number of the appeal or petition or application, date of order and all incidental details including short cause title thereof.

36. Maintenance of court diary. - (1) The Court Master of the Bench concerned shall maintain legibly a court diary, wherein he shall record the proceedings of the court for each sitting with respect to the applications or petitions or appeals listed in the daily cause list.

(2) The matters to be recorded in the court diary shall include details as to whether the case is adjourned, or part-heard or heard and disposed of or heard and orders reserved, as the case may be, along with dates of next sitting wherever applicable.

37. Statutes or citations for reference. - The parties or legal practitioners shall, before the commencement of the proceedings for the day, furnish to the Court Master a list of law journals, reports, statutes and other citations, which may be needed for reference or xerox copy of full text thereof

38. Calling of cases in court. - Subject to the orders of the Bench, the Court Master shall call the cases listed in the cause list in the serial order.

39. Regulation of court work. - (1) When the Appellate Tribunal is holding a sitting, the Deputy Registrar shall ensure -

(a) that no inconvenience or wastage of time is caused to the Bench in making available the services of Court Master or Stenographer or peon or attender;

(b) the Court Master shall ensure that perfect silence is maintained in and around the court hall and no disturbance whatsoever is caused to the functioning of the Bench and that proper care is taken to maintain dignity and decorum of the court.

(2) When the Bench passes order or issues directions, the Court Master shall ensure that the records of the case along with proceedings or orders of the Bench are transmitted immediately to the Registry and the Registry shall verify the case records received from the Court Master with reference to the cause list and take immediate steps to communicate the directions or orders of the Bench.

Chapter - VII

Maintenance of Registers

40. Registers to be maintained. - The Registry of the Appellate Tribunal shall, by such ministerial officer or officers as the Registrar may, subject to any order of the Chairperson direct, maintain and post on a day to day basis the following registers, namely:-

(a) Register of appeals; .

(b) Register of petitions and interlocutory applications;

(d) Register of caveats lodged.

41. Arrangement of records in pending matters. - The record of appeal or petition shall be collated and maintained and divided into the following four parts, namely:-

(a) Main file : (appeal or petition being kept separately);

(b) Miscellaneous application file;

(d) Execution file

42. Contents of main file. - The main file shall be kept in the following order and it shall be maintained as permanent record till ordered to be destroyed under the rules, namely:-

(a) Index;

(b) Order sheet;

(d) Memo of appeal or petition, as the case may be, together with any schedule annexed thereto;

(e) Counter or reply or objection, if any;

(f) (i) Oral evidence or proof of affidavit

(ii) Evidence taken on commission; and

(iii) Documentary evidence.

(g) Written arguments.

43. Contents of process file. - The process file shall contain the following items, namely:-

(a) index;

(b) powers of attorney or vakalatnama;

(d) applications for summoning witness;

(e) letters calling records; and

(f) all other miscellaneous papers such as postal acknowledgements

44. Execution file. - The file of execution shall contain the following items, namely:-

(a) index;

(b) the order sheet;

(d) all processes and other papers connected with such execution proceedings;

(e) transmission of order to civil court, if ordered; and

(f) result of execution;

45. File for miscellaneous applications. - There shall be only one file for all miscellaneous applications with a title page prefixed to it and immediately after the title page all other documents, namely, miscellaneous application, supporting affidavit, the order sheet, etc., shall be filed.

46. Destruction of record. - Record of Appellate Tribunal, except permanent record, shall be ordered to be destroyed by the Registrar or Deputy Registrar after six years from the final conclusion of the proceedings and if any appeal is filed under section 37 of the Act, the same shall be destroyed after obtaining prior order of the Chairperson.

Explanation. - For the purposes of this rule "permanent record" shall include all orders, appeal register, petition register and such other record as may be ordered to be included by the Chairperson.

Chapter - VIII

Service of process or appearance of respondents and objections

47. Issue of notice. - (1) Where notice of an appeal or petition for caveat or interlocutory application is issued by the Appellate Tribunal, copies of the same, the affidavit in support thereof and if so ordered by the Appellate Tribunal, the copy of other documents filed therewith, if any, shall be served along with the notice on the other side.

(2) The aforesaid copies shall show the date of presentation of the appeal or petition for caveat or interlocutory application and the name of the advocate, if any, of such party with his full address for service and the interim order, if any, made thereon.

(3) The Appellate Tribunal may order for issuing notice in appropriate cases and also permit the party concerned to serve the said notice on the other side by dasti and in such case, deliver the notice to such party and it is for such party to file affidavit of service with proof of service before the date fixed for return of notice.

48. Summons. - Whenever summons or notice is ordered by private service, the appellant or applicant or petitioner, as the case may be, unless already served on the other side in advance, shall arrange to serve the copy of all appeals or petitions or applications by registered post or courier service and file affidavit of service with its proof of acknowledgement before the date fixed for hearing.

49. Steps for issue of fresh notice. - If, any notice is returned unserved in the circumstances not specified in rule 47, that fact and the reason thereof shall be notified immediately on the notice board of the Registry and the applicant or petitioner or his advocate shall within seven days from the date of such notification take steps to serve the notice afresh.

50. Consequence of failure to take steps for issue of fresh notice. - Where, after a summons has been issued to the other side, and returned unserved, and the applicant or petitioner or appellant, as the case may be, fails to take necessary steps within a period as ordered by the Appellate Tribunal from the date of return of the notice on the respondent, the Registrar shall post the case before the Bench for further directions or for dismissal for non prosecution.

51. Entries regarding service of notice or process. - The Judicial Branch of the Registry shall record in the column in the order sheet "Notes of the Registry", the details regarding completion of service of notice on the respondents, such as date of issue of notice, date of service, date of return of notice, if unserved, steps taken for issuing fresh notice and date of completion of services, etc.

52. Default of appearance of respondent and consequences. - Where the respondent, despite effective service of summons or notice on him does not appear before the date fixed for hearing, the Appellate Tribunal may proceed to hear the appeal or application or petition ex parte and pass final order on merits:

Provided that it is open to the Appellate Tribunal to seek the assistance of any counsel as it deems fit in case the matter involves intricate and substantial questions of law having wide ramifications.

53. Filing of objections by respondent, form and consequences. - (1) The respondent, if so directed, shall file objections or counter within the time allowed by the Appellate Tribunal.

(2) The objections or counter shall be verified as an appeal or petition and wherever new facts are sought to be introduced with the leave of the Appellate Tribunal for the first time, the same shall be affirmed by a supporting affidavit.

(3) The respondent, if permitted to file objections or counter in any proceeding shall also file three copies thereof after serving copies of the same on the appellant or petitioner or advocate representing the party concerned or authorized representative, as the case may be.-

54. Sitting of vacation Bench and posting of cases. - (1) When the Appellate Tribunal is closed for vacation, the vacation Bench shall sit on such days as may be specified by Chairperson or in his absence the senior-most member available.

(2) During the vacation, only the matters which are required to be immediately or promptly dealt with, shall be received in the Registry and the Registrar on being satisfied about the urgency, shall order registration and posting of such cases.

(3) Inspection of records may be permitted during the vacation according to these rules.

(4) Certified copies may also be supplied during the vacation according to these rules.

(5) Nothing in these rules shall disable the vacation Bench from taking die appeal or petition for final hearing.

Chapter - IX

Free on petition or appeal, process fee and award of costs

55. Fee payable on appeal or petition etc. - (1) Fee for filing appeal or petition either under subsection (2) of section 33 or section 34, interlocutory application, application, enclosures or annexures, lodging caveat and process fee shall be, as specified in the Schedule of fee appended to these rules.

(2) The fee and process the shall be deposited by separate demand draft favouring the Pay and Accounts Officer, Ministry of Power payable at New Delhi.

(3) The Appellate Tribunal may, to advance the cause of justice and in suitable cases, waive payment of such fee or portion thereof, taking into consideration the economic condition or indigent circumstances of the petitioner or appellant or applicant or such other reason, as the case may be.

(4) The Central Government shall review the fee specified for various purposes after every two years and the Schedule of fee may be amended by a notification.

56. Award of costs in the proceedings. - (1) Whenever the Appellate Tribunal deems fit, it may award cost for meeting the legal expenses of the respondent on defaulting party.

(2) The Appellate Tribunal may, in suitable cases direct the appellant or respondent to bear the cost of litigation of the other side, and in case of abuse of process of court, impose exemplary costs on defaulting party.

Chapter - X

Inspection of records

57. Inspection of records. - (1) The parties to any case or their counsel may be allowed to inspect the record of the case by making an application in writing to the Registrar and the the specified therein.

(2) Subject to such terms and conditions as may be specified by the Chairperson by a general or special order, a person who is not a party to the proceeding, may also be allowed to inspect the proceedings after obtaining the permission of the Registrar in writing.

58. Grant of inspection. - Inspection of records of a pending or decided case before the Appellate Tribunal shall be allowed only on the order of the Registrar.

59. Application for grant of inspection. - (1) Application for inspection of record under sub-rules (1) and (2) of rule 57, shall be in the Form V and presented at the filing counter of the Registry between 10.30 AM and 3.00 PM on any working day and two days before the date on which inspection is sought, unless otherwise permitted by the Registrar.

(2) The Registry shall submit the application with its remarks before the Registrar, who shall on consideration of the same, pass appropriate orders.

(3) Inspection of records of a pending case shall not ordinarily be permitted on the date fixed for hearing of the case or on the preceding day.

60. Fee payable for inspection. - Fee as given in the Schedule of the fees appended to these rules shall be payable fay way of Demand Draft or Indian Postal Order to be drawn in favour of the Pay and Accounts Officer, Ministry of Power, New Delhi, on any application for inspection of records of a pending or decided case.

61. Mode of inspection. - (1) On grant of permission for inspection of the records, the Deputy Registrar shall arrange to procure the records of the case and allow inspection of such records on the date and time fixed by the Registrar between 10.30 A.M and 12.30 P.M and between 2.30 P.M and 4.30 P.M in the immediate presence of an officer authorized in that behalf.

(2) The person inspecting the records shall not in any manner cause dislocation, mutilation, tampering or damage to the records in the course of inspection.

(3) The person inspecting the records shall not make any marking on any record or paper so inspected and taking notes, if any, of the documents or records inspected may be done only in pencil.

(4) The person supervising the inspection may, at any time prohibit further inspection, if in his opinion, any of the records are likely to be damaged in the process of inspection or the person inspecting the records has violated or attempted to violate the provisions of these rules and shall immediately make a report about the matter to the Registrar and seek further orders from the Registrar and such notes shall be made in column (8) of the Inspection Register.

62. Maintenance of register of inspection. - The Deputy Registrar shall cause to maintain a Register for the purpose of inspection of documents or records and shall obtain therein the signature of the person making such inspection on the Register as well as on the application on the conclusion of inspection.

Chapter - XI

Appearance of Legal Practitioner

63. Appearance of legal practitioner. - Subject to as hereinafter provided, no legal practitioner shall be entitled to appear and act, in any proceeding before the Appellate Tribunal unless he files into Appellate Tribunal a vakalatnama in the specified form duly executed by or on behalf of the party for whom he appears.

64. Nomination or engagement of another legal practitioner. - Where a legal practitioner who has filed the Vakalatnama engages or nominates another legal practitioner to appear and argue his client's case but not to act for the client, the Appellate Tribunal may permit such other legal practitioner to appear and argue on an oral request being made before commencement of the proceedings.

65. Consent for engaging another legal practitioner. - A legal practitioner proposing to file a Vakalatnama in any pending case or proceeding before the Appellate Tribunal in which there is already a legal practitioner on record, shall do so only with the written consent of the legal practitioner on record or when such consent is refused, with the permission of the Appellate Tribunal after revocation of Vakalatnama on an application filed in this behalf, which shall receive consideration only after service of such application on the counsel already on record.

66. Restrictions on appearance. - A legal practitioner who has tendered advice in connection with the institution of any case or other proceeding before the Appellate Tribunal or has drawn pleadings in connection with any such matter or has during the progress of any such matter acted for a party, shall not, appear in such case or proceeding or other matter arising therefrom or in any matter connected therewith for any person whose interest is opposed to that of his former client, except with the prior permission of the Appellate Tribunal.

67. Form and execution of Vakalatnama. - (1) Every Vakalatnama authorising a legal practitioner to plead and act shall be in Form VI and the name of the legal practitioner so appointed shall be specified in the Vakalatnama before it is executed and it shall be dated at the time of its execution and acceptance and its execution shall be attested by an advocate or notary or a gazetted officer serving in connection with the affairs of the Union or of any State in India or a legal practitioner other than the legal practitioner accepting the Vakalatnama.

(2) (a) The authority attesting the Vakalatnama under sub-rule (1), shall certify that it has been duly executed in his presence and subscribe his signature giving his name and designation.

(b) Attestation shall be made only after the name of the legal practitioner is specified in the Vakalatnama before its execution.

(c) When a Vakalatnama is executed by a party who appears to be illiterate, blind or not acquainted with the language of the Vakalatnama, the attestor shall certify that the Vakalatnama was read, translated and explained in his presence to the executant, in the language known to such executant, that he seemed to understand it and that he signed or affixed his thumb mark in his presence with full knowledge and understanding.

(3) Every Vakalatnama shall contain an endorsement of acceptance by the legal practitioner in whose favour it is executed and shall also bear his address for service and if the Vakalatnama is in favour of more than one legal practitioner, it shall be signed and accepted by all of them, giving the address for service of any one of them.

68. Restriction on party's right to be heard. - The party who has engaged a legal practitioner to appear for him before the Appellate Tribunal shall not be entitled to be heard in person unless permitted by the Appellate Tribunal.

69. Professional dress for the advocate. - While appearing before the Appellate Tribunal, the advocate shall wear the same professional dress as specified for appearance before the Court or wear a coat with a tie or a close coat.

Chapter - XII

Affidavits

70. Title of affidavits. - Every affidavit shall be in Form VII, titled as "In the Petroleum and Natural Gas Appellate Tribunal" followed by the cause title of the application or other proceeding in which the affidavit is sought to be used.

71. Form and contents of the affidavit. - The affidavit shall conform to the requirements of order XIX, rule 3 of the Code of Civil Procedure, 1908 (5 of 1908).

72. Persons authorized to attest. - Affidavits shall be in Form VIII sworn or affirmed before any Judicial Magistrate or Civil Judge or Registrar and Deputy Registrar of the Appellate Tribunal or Notary or District Registrar or Sub-Registrar, who shall affix his official seal.

73. Affidavits of illiterate, blind persons. - Where an affidavit is sworn or affirmed by any person who appears to be illiterate, blind or unacquainted with die language in which the affidavit is written, the attestor shall certify that die affidavit was read, explained or translated by him or in his presence to die deponent and that he seemed to understand it, and made his signature or mark in the presence of the attestor.

74. Identification of deponent. - If the deponent is not known to the attestor, his identity shall be testified by a person known to him and the person identifying shall affix his signature in token thereof

75. Annexures to the affidavit. - Documents accompanying an affidavit shall be referred to therein as Annexures and the deponent shall make endorsements thereon identifying and numbering the documents and the attestor shall also attest the endorsements.

Chapter - XIII

Discovery, Production and Return of Documents

76. Application for discovery production and return of documents and, form of summons. - (1) Except otherwise provided hereunder, discovery or production and return of documents shall be regulated by the provisions of the Code of Civil Procedure, 1908 (5 of 1908).

(2) An application for summons to produce documents shall be on plain paper setting out the document the production of which is sought, die relevancy of the document and in case where the production of a certified copy would serve the purpose, whether application for certified copy was made to the proper officer and the result thereof.

(3) A summons for production of documents in the custody of a public officer other than a court shall be in Form IX and shall be addressed to the concerned Head of the Department or such other authority as may be specified by the Appellate Tribunal.

77. Suo motu summoning of documents. - Notwithstanding anything contained in these rules, the Appellate Tribunal may, suo motu, issue summons for production of public document or other documents in the custody of a public officer.

78. Marking of documents. - (1) The documents when produced shall be marked as follows:-

(a) If relied upon by the appellant's or petitioner's side, they shall be numbered as 'A' series.

(b) If relied upon by the respondent's side, they shall be marked as 'B' series.

(2) The Appellate Tribunal may direct the applicant to deposit in Appellate Tribunal by way of demand draft or Indian Postal Order drawn in favour of the Pay and Accounts Officer, Ministry of Power, New Delhi, a sum sufficient to defray the expenses for transmission of the records before the summons is issued.

79. Return and transmission of documents. - (1) An application for return of the documents produced shall be numbered and no such application shall be entertained after the destruction of the records.

(2) The Appellate Tribunal may, at any time, direct return of documents produced subject to such conditions as it deems fit

Chapter - XIV

Examination of Witnesses and Issue of Commissions

80. Procedure for examination of witnesses, issue of Commissions. - The provisions of Orders XVI and XXVI of the Code of Civil Procedure, 1908 (5 of 1908), shall mutatis mutandis apply in the matter of summoning and enforcing attendance of any person and examining him on oath and issuing commission for the examination of witnesses or for production of documents.

81. Examination in camera. - The Appellate Tribunal may, in its discretion, examine any witness in camera

82. Form of oath or affirmation to witness. - Oath shall be administered to a witness in the following form:

"I do swear in the name of God/solemnly affirm that what I shall state shall be truth, the whole truth and nothing but the truth".

83. Form of oath or affirmation to interpreter. - Oath or solemn affirmation shall be administered to the interpreter in the following form before his assistance is taken for examining a witness:

"I do swear in the name of God/solemnly affirm that I will faithfully and truly interpret and explain all questions put to and evidence given by witness and translate correctly and accurately all documents given to me for translation."

84. Officer to administer oath. - The oath or affirmation shall be administered by the Court Officer or the Commissioner of Oaths.

85. Form recording of deposition. - (1) The deposition of a witness shall be recorded in Form X

(2) Each page of the deposition shall be initialled by the Members constituting the Bench.

(3) Corrections, if any, pointed out by the witness may, if the Bench or Commissioner is satisfied, be carried out and duly initialled and if not satisfied, a note to that effect be appended at the bottom of the deposition.

86. Numbering of witnesses. - The witnesses called by the applicant or petitioner shall be numbered consecutively as PWs and those by the respondents as RWs.

87. Grant of discharge certificate. - Witness discharged by the Appellate Tribunal may be granted a certificate in Form XI by the Registrar.

88. Witness hhata payable. - (1) Where the Appellate Tribunal issues summons to a Government servant to give evidence or to produce documents, the person so summoned may draw from the Government, travelling and daily allowances admissible to him as per rules.

(2) Where there is no provision for payment of travelling allowance and dearness allowance by the employer to the person summoned to give evidence or to produce documents, he shall be entitled to be paid as bhata, (a sum found by the Registrar sufficient to defray the travelling and other expenses), having regard to the status and position of the witness.

(3) The party applying for the summons shall deposit with the Registrar the amount of bhata as estimated by the Registrar well before the summons is issued.

(4) If the witness is summoned as a court witness, the amount estimated by the Registrar shall be paid as per the directions of the Appellate Tribunal.

(5) The provisions of rule 87 shall apply for payment of bhata to the interpreter as well.

89. Records to he furnished to the Commissioner. - (1) The Appellate Tribunal shall furnish to the Commissioner with such of the records of the case as the Appellate Tribunal considers necessary for executing the Commission.

(2) Original documents shall be furnished only if a copy does not serve the purpose or cannot be obtained without unreasonable expense or delay and delivery and return of records shall be made under proper acknowledgement.

90. Taking of specimen handwriting, signature etc. - The Commissioner may, if necessary, take specimen of the handwriting, signature or fingerprint of any witness examined before him.

Chapter - XV

Pronouncement of orders

91. Order. - The final, decision of the Appellate Tribunal on an appeal or application or petition shall be described as Judgement or Order, as the case may be.

92. Operative portion of the order. - All orders or directions of the Bench shall be stated in clear and precise terms in the last paragraph of the order.

93. Corrections. - The Member of the Bench who has prepared the order shall initial all corrections and affix his initials at the bottom of each page.

94. Pronouncement of order. - (1) The Bench shall as far as possible pronounce the order immediately after the hearing is concluded.

(2) When the orders are reserved, the date for pronouncement of order shall be notified in the cause list which shall be a valid notice of intimation of pronouncement.

(3) Reading of the operative portion of the order in the open court shall be deemed to be pronouncement of the order.

(4) Any order reserved by a Circuit Bench of the Appellate Tribunal may also be pronounced at the principal place of sitting of the Bench.

95. Pronouncement of order by any one member of the bench. - (1) Any Member of the Bench may pronounce the order for and on behalf of the Bench.

(2) When an order is pronounced under this rule, the Court Master shall make a note in the order sheet, that the order of the Bench was pronounced in open court.

96. Authorizing any member to pronounce order. - (1) If the Members of the Bench who heard the case are not readily available or have ceased to be Members of the Appellate Tribunal, the Chairperson may authorise any other Member to pronounce the order on his behalf after being satisfied that the order has been duly prepared and signed by all the Members who heard the case and the order pronounced by the Member so authorized shall be deemed to be duly pronounced.

(2) The Member so authorised for pronouncement of the order shall affix his signature in the order sheet of the case stating that he has pronounced the order as provided in this rule.

(3) If the order cannot be signed by reason of death, retirement or resignation or for any other reason by any one of the Members of the Bench who heard the case, it shall be deemed to have been released from part-heard and listed afresh for hearing.

97. Making of entries by Court Master. - Immediately on pronouncement of an order by the Bench, the Court Master shall make necessary endorsement on the case file regarding the date of such pronouncement, the nature of disposal and the constitution of the Bench pronouncing the order and he shall also make necessary entries in the court diary maintained by him.

98. Transmission of order by the Court Master. - (1) The Court Master shall immediately on pronouncement of order, transmit the order with the case file to the Deputy Registrar.

(2) On receipt of the order from the Court Master, the Deputy Registrar shall after due scrutiny, satisfy himself that the provisions of these rules have been duly compiled with and in token thereof affix his initials with date on the outer cover of the order and the Deputy Registrar shall thereafter cause to transmit the case file and the order to the Registry for taking steps to prepare copies and their communication to the parties, in compliance with sub-section (4) of section 33 of the Act.

99. Format of order. - (1) All orders shall be neatly and fairly typewritten in double space on one side only on durable foolscap folio paper of metric A-4 size (30.5 cm long and 21.5 cm wide) with left side margin of 5 cm and right side margin of 2.5 cm.

(2) Corrections, if any, in the order shall be carried out neatly.

(3) Sufficient space may be left both at the bottom and at the top of each page of the order to make its appearance elegant.

(4) Members constituting the Bench shall affix their signatures in the order of their seniority from right to left.

100. Indexing of case files after disposal. - After communication of the order to the parties or legal practitioners, the official concerned shall arrange the records with pagination and prepare in the specified manner as directed by the Tribunal and he shall affix initials and then transmit the records with the Index initials to the records room.

101. Transmission of files or records or orders. - Transmission of files or records of the cases or orders shall be made only after obtaining acknowledgement in the movement register maintained at different sections or levels as per the directions of the Registrar.

102. Copies of orders in library. - (1) The officer in charge of the Registry shall send copies of every final order to the library.

(2) Copies of all orders received in each month shall be kept at the library in a separate folder, arranged in the order of date of pronouncement, duly indexed and stitched.

(3) At the end of every year, a consolidated index shall also be prepared and kept in a separate file in the library.

(4) The order folders and the indices may be made available for reference in the library to the legal practitioners.

Chapter - XVI

Appeal to Supreme Court

103. Register of Special Leave Petitions or appeals. - (1) A Register in Form XII shall be maintained in regard to special leave petitions or appeals against the orders of the Appellate Tribunal to the Supreme Court and necessary entries therein be promptly made by the Judicial Branch,

(2) The register shall be placed for scrutiny by the Chairperson in the first week of every month.

104. Placing of orders of the Supreme Court before Appellate Tribunal. - (1) Whenever an interim or final order passed by the Supreme Court of India in an appeal or other proceeding preferred against a decision of the Appellate Tribunal is received, the same shall forthwith be placed before the Chairperson and Members for information and kept in the relevant case file and immediate attention of the Registrar shall be drawn to the directions requiring compliance.

(2) Registrar to ensure compliance of orders of the Supreme Court. - It shall be the duty of the Registrar to take expeditious steps to comply with the directions of the Supreme Court.

Chapter - XVII

Miscellaneous

105. Filing through electronic media. - The Appellate Tribunal may allow filing of appeal or petition or application through electronic media such as online filing and provide for rectification of defects by e-mail or internet and in such filing, these rules shall be adopted as nearly as possible on and from a date to be notified separately and the Chairperson may issue instructions in this behalf from time to time.

Schedule of Fee

[See rule 55]

Fees

The fee payable shall be-

(i)	in respect of appeal under sub-section (2) of section 33 of the Act where the respondents are four or less and where respondents exceed four, an additional fee of Rs. 10,000/- shall be paid for each respondent	....Rs. One lakh
(ii)	For petition under section 34 of the Act, if the respondents are four or less and where respondents exceed four, additional the of Rs. 10,000/-for each respondent	.....Rs. One lakh
(iii)	If proceedings are instituted by more than one appellants /petitioners, or association fee payable on such appeal/petition	.....Rs. 1,00,000/-
(iv)	Review petition fee	.....Rs. 30,000/-
(v)	Execution petition	....Rs. 5,000/-
(vi)	Transmission of order or direction to Civil Court for execution	...Rs. 3,000/-
(vii)	For lodging caveat	...Rs. 3,000/-
(viii)	Interlocutory application	....Rs,1000/-
(ix)	Vakalat/autiiorization Court fee payable	....Rs.25/-
(x)	Copying charges for furnishing certified copy per page	...Rs.25/-
(xi)	One time process fee payable with each appeal/ petition/ interlocutory application/every proceeding instituted.	....Rs.2000/-
(xii)	Inspection fee	....Rs. 500/-
(xiii)	Enclosure/annexure Court fee	...Rs.25/-

Form-I

[See rule 21(6)]

Memorandum of appeal preferred under section 33 of Petroleum and Natural Gas Regulatory Board Act, 2006

In The Appellate Tribunal for Petroleum and Natural Gas at New Delhi

Appellate Jurisdiction

Appeal No.___________ of 200

Cause Title

Between

A.B. ....................................................Appellant (s)

And

C.D.......................................................Respondent(s)

[including Board]

(with full address email and telephone numbers)

1. Details of Appeal

[Appeal under section.........of the Petroleum and Natural Gas Regulatory Board Act, 2006 against impugned order of the Board, dated..........passed under section ............... of the Petroleum and Natural Gas Regulatory Board Act, 2006.

2. Date on which the order appealed against is communicated and proof thereof, if any.

3. The address of the appellant for service is as set out hereunder:

(i) Postal address including PIN code

(ii) Phone number including mobile number.

(iii) E-mail

(iv) Fax No.

(v) Address of Counsel with Phone No., Fax No., e-mail

4. The address of the respondents for service of all notices in the appeal are as set out hereunder:

(i) address including PIN code

(ii) Postal Phone number

(iii) E-mail

(iv) Fax number

(v) Address of Counsel with phone number, fax number, e-mail and mobile Number

(vi) Mobile number.

5. Jurisdiction of the Appellate Tribunal

The appellant declares that the subject matter of the appeal is within the jurisdiction of this Appellate Tribunal.

6. Limitation

The Appellant/s declare that the appeal is within the period specified in section 33 of the Act. (Explain how the appeal is within the period prescribed in case the appeal is preferred after the expiry of 30 days from the date of order/direction/decision against which this appeal is preferred). In case the appeal is barred by limitation, the number of days of delay should be given along with interlocutory application for condonation of delay.

7. Facts of the case

8. Formulate (i) the facts in issue or specify the dispute between the parties and (ii) summarize the questions of law that arise for consideration in the appeal.

(a) Facts in issue

(b) Question of law

9. Grounds raised with legal provisions

10. Matters not previously filed or pending with any other court

11. Specify below explaining the grounds for such relief(s) and the legal provisions, if any, relied upon.

12. Details of interim application, if any, preferred along with appeal.

13. Details of appeal/s, if any, preferred before his Appellate Tribunal against the same impugned order/direction, by respondents with numbers, dates and interim order, if any passed in that appeal (if known).

14. Details of Index

[An index containing the details of the documents in chronological order relied upon is enclosed];

15. Particulars of fee payable and details of bank draft in favour of Pay and Accounts Officer, Ministry of Power, New Delhi.

Name of the Bank ______________________ Branch________________ payable at Delhi. DD No.________________ Date.

16. List of enclosures:

17. Whether the order appealed as communicated in original is filed? If not, explain die reason for not filing the same.

18. Whether the appellant/s is ready to file written submissions/arguments before the first hearing after serving the copy of the same on Respondents.

19. Whether the copy of memorandum of appeal with all enclosures has been forwarded to all respondents and all interested parties, if so, enclose postal receipt/courier receipt in addition to payment of prescribed process fee.

20. Any other relevant or material particulars / details which the appellant(s) deems necessary to set out:

21. Reliefs Sought

In view of the facts mentioned in para 7 above, points in dispute and questions of law set out in Para 8, the appellant prays for the following relief(s):

(a)

(b)

(c)

Dated at_________________________this_____________day________________________ of 200.

Counsel for Appellant(s)

Appellant(s)

Declaration by Appellant

The appellant(s) above named hereby solemnly declare(s) that nothing material has been concealed or suppressed and further declare(s) that the enclosures mid typed set of material papers relied upon and filed herewith are true copies of the original(s)/fair reproduction of the originals/true translation thereof.

Verified at_______________on this at__________________day of _________________200.

Counsel for Appellant(s)

Appellant(s)

Verification

I _______________ (Name of the appellant) S/o. W/o. D/o. [indicate any one, as the case may be] _________________ age _____________ working as _____________________ in the office of _________________________________ resident of __________________ do hereby verify that the contents of the paras _____________ to ___________ are true to my personal knowledge/derived from official record)and para ____________ to __________are believed to be true on legal advice and that I have not suppressed any material facts.

Date:

Place:

Signature of the appellant or authorized officer

Form II

[See rule 21(7)]

Petition under sections 33 and 34 of the Petroleum and Natural Gas Regulatory Board Act, 2006

Before the Appellate Tribunal for Petroleum and Natural Gas, New Delhi

Original/Original Special Petition No....................of 200..........

Between

A.B.............................................Petitioner(s)

And

C.D.............................................Respondent(s)

[including Board]

(with full address, telephone numbers and email)

The petitioner/s above named beg/s to prefer this original petition for issue of orders or instructions or directions under section 34 of the Petroleum and Natural Gas Regulatory Board Act, 2006 and state as follows :

1. The address for service on the petitioner is......................................

2. The address for service on respondent/s appropriate commission/adjudicating officer is/are...................................................

3. Whether direction/order/rule/instruction sought for is within jurisdiction of the Appellate Tribunal under section 34.

Set out the details and explain the circumstances under which the present original petition is being moved.

4. Set out the details of representations/demands made on the Respondent-Board and reply/order, if any received.

5. Set out the grievance or prejudice caused to the petitioner and consequences of not issuing directions/orders/instructions prayed for.

6. Set out the basis of claims, legal contentions/grounds based on which reliefs are sought for.

7. Whether proceedings, if any already instituted before other forums and the result of the proceedings.

8. Whether any other remedy is available under the Petroleum and Natural Gas Regulatory Board Act, 2006 or any other statutory provision of law or rule, if so, why not invoked.

(set out in detail)

9. Whether, in respect of reliefs prayed for, any proceeding is pending before the Appellate Tribunal at the instance of respondents/or any other third party.

10. Particulars of fee payable and details of bank draft in favour of the Pay and Accounts Officer, Ministry of Power, New Delhi.

Name of the Bank_________________________Branch________________________________payable

1. DD No.________________________________________________________dated

11. List of enclosures and copies filed :

12. Whether the copy of memorandum of petition with all enclosures has been forwarded to all respondents and all interested parties, if so, enclose postal receipt/courier receipt in addition to payment of process fee as prescribed by the rules.

13. Any other material particular which the petitioner deems relevant for the petition may also be set out.

14. Relief sought for:

(a)

(b)

(c)

Dated at _______________ this day ______________ of 200

Counsel for Petitioner

Petitioner

Declaration

The petitioner(s) above named hereby solemnly declare(s) that nothing material has been concealed or suppressed and further declare(s) that the enclosures and typed set of material papers relied, upon and filed herewith are originals or fair reproduction of originals or true translation thereof.

Verified at_____________dated at_____________this day_______________of____________200.

Counsel for Petitioner(s)

Petitioner(s)

Verification

I ____________________ (Name of the petitioner) S/o.W/o.D/o. (indicate any one, as the case may be) __________________ age _________________ working as ___________________ in the office of _______________ resident of ____________ do hereby verify that the contents of the paras _____________ to _____________ are true to my personal knowledge/derived from official record) and para ___________ to __________ are believed to be true on legal advice and that I have not suppressed any material facts.

Date:

Place:

Signature of the Petitioner or authorized officer

Form III

[See rule 21(8)]

Interlocutory Application Before The Appellate Tribunal for Petroleum and Natural Gas

IA No. _________ of 200 in Appeal/Original Petition No. ____________ of 200.

Cause Title

Set out the Appeal No. ___________ of 200.

Appeal/Petition short cause title

Set out the I.A. No. ___________ 200.

Cause Title-Interlocutory Application

Petition for stay/direction/dispose with condone delay/calling records

The applicant above named state/s as follows:

1. Set out the relief(s)

2. Brief facts

3. Basis on which interim orders prayed for

4. Balance of convenience, if any:

(All interlocutory applications shall be supported by an affidavit sworn by the Applicant/on its behalf and attested by a Notary Public).

Declaration

The applicant above named hereby solemnly declares that nothing material has been concealed or suppressed and further declares that the enclosures and typed set of material papers relied upon and filed herewith are true copies of the originals or fair reproduction of the originals or true translation thereof.

Verified at______________dated at___________this day____________ of 200.

Counsel for Applicant

Applicant

Verification

I_________________________(Name of die applicant) S/o.W/o.D/o. (indicate any one, as the case may be)____________________age_________________working as___________________ in the office of__________________________resident of_________________________do hereby verify that the contents of the paras__________to________are true to my personal knowledge/derived from official record) and para__________to______________are believed to be true on legal advice and that I have not suppressed any material facts.

Date:

Place:

Signature of the Applicant/Petitioner or authorized officer

Form IV

[See rule 23]

Caveat Petition

Memorandum of Caveat

Before the Appellate Tribunal for Petroleum and Natural Gas

(Caveat No.______ of 200)

Cause Title

Between A B ...........................................................Caveator

And

C D...................................expected Appellant/Petitioner

1. Set out details of the order against which appeal/application/petition is expected, in the matter of dispute between AB and CD.

2. (a) Address for service on the caveator

(b) Address for service on the Counsel for the caveator

3. Specify the authority who passed the order with reference number and date (enclose copy of order appealed against).

4. Set out the details of expected Appellant(s)/Petitioner(s) With address

(i)

(ii)

(iii)

5. Prayer: Let no orders be passed in the appeal expected to be filed or any interlocutory application that may be preferred by the expected Appellant/Petitioner without service of notice on the caveator.

The caveator undertakes to accept service of appeal or petition or application and appear before this Appellate Tribunal on the date and time at which the appeal/petition/application is moved by Respondent/expected appellant/petitioner.

Dated at New Delhi______________day____________of_________200.

Counsel for caveator

Caveator

Verification

The caveator above named state and verify that the contents of this caveat lodged are true and correct. Verified at New Delhi on this_______________day of_____________200.

Caveator

Form V

[See rule 57]

Pending/Disposed of

Appellate Tribunal For Petroleum And Natural Gas
________________Bench

Application No.__________in___________of 200______

Applicant/s/ third party/Appellant/Petitioner

Respondent/s

Application for Inspection of Documents/Records under rule 57

I hereby apply for grant of permission to inspect the documents/records in the above case. The details are as follows:-

1. Name and address of the person seeking inspection:

2. Whether he is a party to the case/his Legal Practitioner and if so, his rank therein.

3. Details of the papers/documents sought to be inspected

4. Reasons for seeking the inspection

5. The date and duration of the inspection sought for

6. Whether fee is paid and if so, the mode of payment

7. If a third party, whether a vakalat has been filed with court fee stamp..............

Verification:

I........................state that the above facts are true and correct.

Place:

Date:

Applicant

Endorsement after inspection

Office use :

Granted inspection for_____hours on_________rejected.

Registrar

APTEL......................................

Endorsement after inspection:

I..........., the applicant above named inspected the documents/records on.......in the presence of Mr....................from..............to.........................Hrs on........and inspection is completed/concluded.

Dated............day..........200

Applicant/Counsel

Form VI

[See rule 67]

Form of Vakalathnama

Appellate Tribunal for Petroleum and Natural Gas
__________________Bench

Appeal/Petition /No. of 200_____________

Appellant/s

vs.

Respondent/s

I, ..........................................Appellant No............................../Respondent No.in the above appeal/petition do hereby appoint and retain Shri......................................................Advocate/s to appear, plead and act for me/us in the above appeal/petition and to conduct and prosecute all proceedings that may be taken in respect thereof and applications for return of documents, enter into compromise and to draw any moneys payable to me/us in the said proceeding and also to appear in all applications for review and for leave to the Supreme Court of India in all applications for review of judgment.

Signature of the party

Place:

Date:

Executed in my presence.

"Accepted"

*Signature with date
(Name and designation)

Address for service on the Counsel for Appellant/Respondent. Furnish

Full address....................

Phone No........................

Fax No.......................

*The following certification to be given when the party is unacquainted with the language of the vakalat or is blind or illiterate:-

The contents of the vakalatnama were truly and audibly read over/translated into..........language known to the party executing the vakalatnama and he seems to have understood the same.

Signature with date

(Name and designation)

Form VII

[See rule 70]

Appellate Tribunal for Petroleum and Natural Gas
_________________Bench

Appeal/Petition/ No_______of_____200______

Appellant/Applicant

Respondent/s

Affidavit

I, ..................... aged .......... years, son/daughter/wife of ................... (name and occupation of the deponent) .......................... residing at (Full address) .................. do hereby swear in the name of God/solemnly affirm and state as follows:

Para. 1 ....................................

Para. 2 ....................................

Para. 3 ....................................

Contents of paragraph Nos..........................are within my personal knowledge and contents of paragraphs Nos.......................are based on information received by me which I believe the same to be true (state the source of information wherever possible and the grounds for belief, if any).

....................................
....................................
Signature of the deponent

Place:

Date:

Name in block letters

No. of corrections on page nos.

Identified by:

Before me

*...................................................Sworn/solemnly affirmed before me on this the ................. day of ........ 200.........

Signature
(Name and designation of the attesting authority with seal)

*To add endorsement in Form VIII when necessary

Form VIII

[See rule 72]

Appellate Tribunal for Petroleum and Natural Gas

Certification when deponent is unacquainted with the language of the affidavit or is blind or illiterate.

Contorts of the affidavit were truly and audibly read over/translated into ..............................language known to the deponent and he seems to have understood the same and affixed his LTI/signature/mark;

(Signature)

Name and designation with date.

Form IX

[See rule 76(3)]

The Appellate Tribunal for Petroleum and Natural Gas

...............Bench

Appeal/Petition No..........................of 200.................................

Between

..........................................Appellant/Petitioner

(By Advocate Shri...................)

and

..............................................Respondent/s

(By Advocate Shri......................)

Under section 34 of the Petroleum and Natural Gas Regulatory Board Act, 2006.

Whereas the Appellate Tribunal suo motu or on consideration of the request made by Shri ...................( Appellant/Petitioner No. ) having been satisfied that production of the following documents/records under your control/custody is necessary for proper decision of the above case, you are hereby directed to cause production of the said documents/records before this Appellate Tribunal/forward duly authenticated copies thereof on or before the...................day of.......................200............

(Enter description of documents requisitioned)

"By order of Appellate Tribunal"
Registrar

Date:

Form X

[See rule 85]

Appellate Tribunal for Petroleum and Natural Gas

.......................................Bench

Appeal/Petition No..........................of 200....................................

Deposition of PW/RW

1 Name:

2 Father's/Mother's/Husband's Name:

3 Age:

4 Occupation:

5 Place of residence and address :

6 Name of the officer administering the oath/affirmation:

7 Name of the Interpreter if any, duly sworn/solemnly affirmed:

Duly swom/solemnly affirmed

Date:

Examination-in-chief: By

Cross examination: By

Re-examination, if any;

........................................................

(Signature of the witness on each page)

Statement of witness as recorded was read over/translated to the witness, who admitted it to be correct

Signature of the Member of the Appellate Tribunal with date

Form XI

[See rule 87]

Certificate of Discharge

Certified that......................appeared before this Appellate Tribunal as a witness/in/ No....................of 200...............on behalf of the appellant/petitioner/respondent/as Court witness on this....................day of.............200.................... and that he was relieved at........................on................He was paid/not paid any T.A. and D.A./Batta of Rs......................

Date:

(Seal of the Appellate Tribunal)

Signature of the Registrar

Form XII

[See rule 103]

Appellate Tribunal for Petroleum and Natural Gas

................................Bench

Register of SLPs/Appeals to Supreme Court

SI. No.	No. of SLP / Appeal before the Supreme Court	No. of the case appealed against	Name of the Applicant / Respondent	Date of despatch of records to SC	Date of receipt of records from SC	Interim direction / order, if any, with date in SLP/CA	Final order in the appeal with date	Steps taken for compliance	Remarks
1	2	3	4	5	6	7	8	9	10


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Install Now!	Install Now!


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