11-19437-2025-WP-L.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO. 19437 OF 2025
Digitally O2 Renewable Energy VII Pvt. Ltd. .. Petitioner
signed by
UDAY
UDAY SHIVAJI
SHIVAJI JAGTAP Versus
JAGTAP Date:
2025.07.02
12:17:37
+0530
1. Maharashtra Electricity Regulatory Commission
2. Maharashtra State Electricity Distrbution
Company Ltd. .. Respondents
ALONG WITH
WRIT PETITION (L) NO. 19450 OF 2025
1. National Solar Energy Federation of India
2. Sunsure Solar Park MH One Pvt. Ltd.
3. Sorion Solar Pvt. Ltd.
4. EG Solar Resco Pvt. Ltd. - Karanja
5. EG Bright Energy Pvt. Ltd. - Umri
6. M/s. Solenco Solar Park MH-V Pvt. Ltd.
7. M/s. Solarcraft Power India 27 Pvt. Ltd.
8. M/s. Energevo Saurya MH Three Pvt. Ltd.
9. M/s. Solarcraft Power India 28 Pvt. Ltd.
10. Renew Surya Tejas Pvt. Ltd.
11. JSW Neo Energy Ltd. .. Petitioners
Versus
1. Maharashtra Electricity Regulatory Commission
2. Maharashtra State Electricity Distrbution
Company Ltd. .. Respondents
ALONG WITH
WRIT PETITION (L) NO. 19529 OF 2025
1. Distributed Solar Power Association
2. AMPIN Energy C&I Fifteen Pvt. Ltd.
3. Radiance MH Sunrise Nine Pvt. Ltd.
4. Fourth Partner Energy .. Petitioners
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Versus
1. Maharashtra Electricity Regulatory Commission
2. Maharashtra State Electricity Distrbution
Company Ltd. .. Respondents
ALONG WITH
WRIT PETITION (L) NO. 19640 OF 2025
Sunsure Solarpark OD Two Pvt. Ltd. .. Petitioner
Versus
1. Maharashtra Electricity Regulatory Commission
2. Maharashtra State Electricity Distrbution
Company Ltd. .. Respondents
Mr. Zal Andhyarujina, Senior Advocate a/w Adv. Shruti
Sardesai, Adv. Shrey Shah and Adv. Shreya Mukherjee i/by Hudda
and Associates for the Petitioner in WP(L)/19437/2025.
Mr. Janak Dwarkadas, Senior Advocate a/w Ms. Deepa
Chawan - Sr. Advocate , Adv. Vishrov Mukerjee, Adv. Nitesh Jain,
Adv. Hridhay Khurana, Adv. Damodar Solanki, Adv. Arnav Bhansali
and Adv. Garima i/by Trilegal for the Petitioners in
WP(L)/19450/2025 and WP(L)/19529/2025
Mr. Ashish Kamat, Senior Advocate a/w Adv. Vividh Tandon
and Adv. Mazag Andrabi i/by Adv. Mehul Thakkar for the Petitioner
in WP(L)/19640/2025
Mr. Behram Kamdin, Senior Advocate a/w Adv. Ratnakar
Singh for Respondent No. 1 in WP(L)/19437/2025
Dr. Birendra Saraf, Advocate General a/w Adv. Ratnakar
Singh for Respondent No. 1 in WP(L)/19450/2025
Mr. Ratnakar Singh, for Respondent No. 1 in WP(L)/19529/2025
and WP(L)/19640/2025
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Mr. J. P. Sen, Senior Advocate a/w Adv. Rimali Batra, Adv.
Abhishekh Lalwani, Adv. Sayalee Dolas and Adv. Vishal Binod i/by
DSK Legal for Respondent No.2 in WP(L)/19437/2025
Mr. Sajan Poovayya, Senior Advocate (Through V.C.) a/w Adv.
Rimali Batra, Adv. Abhishekh Lalwani, Adv. Sayalee Dolas and Adv.
Vishal Binod i/by DSK Legal for Respondent No.2 in
WP(L)/19450/2025
Mr. Vishal Binod a/w Adv. Rimali Batra, Adv. Abhishekh Lalwani
and Adv. Sayalee Dolas i/by DSK Legal for Respondent No.2 in
WP(L)/19529/2025 and WP(L)/19640/2025
CORAM: B. P. COLABAWALLA &
FIRDOSH P. POONIWALLA, JJ.
DATE: JULY 1, 2025.
P. C.
1. Writ Petition (L) No. 19640 of 2025 and Writ Petition (L) No.
19529 of 2025 are not on Board. Upon mentioning, taken on Board.
2. The above Writ Petitions take exception to the impugned Order
dated 25th June 2025 passed by the Maharashtra Electricity Regulatory
Commission (for short “MERC”) in Case No. 75 of 2025 to the extent of
Paragraph Nos. 35.9 to 35.16 of the said order. In some of the Petitions,
there is also a challenge to Regulation 115 of the MERC (Multiple Year Tariff)
Regulations, 2024.
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3. We have heard the learned Senior Counsel appearing for the
respective parties.
4. The learned Counsel appearing on behalf of the MERC as well as
the Maharashtra State Electricity Distribution Company Ltd. (for short
“MSEDCL”) requested for a week’s time to address the Court in the above
matters. Acceding to their request, we place the above matters now on
14th July 2025.
5. As far as interim relief is concerned, the learned Counsel
appearing on behalf of the MERC as well as MSEDCL, on instructions, stated
that as and by way of ad-interim relief and without prejudice to the rights and
contentions of the parties, paragraph 35.15 of the impugned Order shall not
be given effect to, till the next date. The aforesaid statement is accepted as an
undertaking give to this Court.
6. In light of the aforesaid statement, we find that at this stage, the
Petitioners are adequately protected and hence, no further ad-interim relief is
passed in the above Petitions. We put the parties to notice that we may
dispose of the Writ Petitions at the admission stage itself, time permitting.
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7. Stand over to 14th July 2025.
8. This order will be digitally signed by the Private Secretary/
Personal Assistant of this Court. All concerned will act on production by fax
or email of a digitally signed copy of this order.
[FIRDOSH P. POONIWALLA, J.] [B. P. COLABAWALLA, J.]
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