Clean Wind Power (Satara) Pvt Ltd v. Maharashtra Electricity Regulatory Commission And 3 ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 366 OF 2020 WITH INTERIM APPLICATION NO. 2243 OF 2020 Clean Wind Power (Satara) Pvt. Ltd.

.. Petitioner WITH WRIT PETITION NO. 735 OF 2021 Shraddha Energy And Infra Projects Pvt. Ltd. And Ors.

WITH WRIT PETITION NO. 2225 OF 2021 WITH WRIT PETITION NO. 2258 OF 2021 WITH WRIT PETITION NO. 1883 OF 2021 Panama Solar Godawari Pvt. Ltd. And Anr.

WITH WRIT PETITION NO. 2679 OF 2021 Digitally signed by SANDHYA BHAGU WADHWA Date:

2022.11.28 17:54:03 +0530 SANDHYA BHAGU WADHWA 1/7

Bothe Windfarm Development Private Limited & Anr.

WITH WRIT PETITION NO. 2268 OF 2021 Bajaj Finserv Ltd. And Anr.

AND WRIT PETITION NO. 721 OF 2021 Enel Wind Project (Amberi) Pvt.

Ltd. And Anr.

WRIT PETITION NO. 737 OF 2021 Serum Institute of India Pvt. Ltd.

And Anr.

WRIT PETITION NO. 762 OF 2021 WITH INTERIM APPLICATION NO. 146 OF 2021 Orange Maha Wind Energy Private 2/7

Limited And Anr.

WRIT PETITION NO. 1744 OF 2021 Hetero Med Solutions Limited And Anr.

WRIT PETITION NO. 1803 OF 2021 Nupower Renewables Pvt. Ltd. And Anr.

WRIT PETITION NO. 1862 OF 2021 WITH INTERIM APPLICATION NO. 125 OF 2021 Solar Edge Power And Energy Pvt Ltd And Anr.

WRIT PETITION NO. 1878 OF 2021 Sun Irrigation Systems Pvt. Ltd. & Anr.

3/7

WRIT PETITION NO. 1880 OF 2021 Ghodawat Energy Pvt.Ltd. & Anr.

WRIT PETITION NO. 2212 OF 2021 Gangadhar Nargindas Agrawal (HUF) & Ors.

...

Mr Zubin Behramkamdin a/w Ms Vaidehi Naik and Ms Diksha Sharma i/b Neeti Niyaman for Petitioner in WP/366/2020, WP/762/2021and WP/1862/2021 Ms Vaidehi Naik a/w Ms Diksha Sharma i/b Neeti Niyaman for Petitioner in WP/735/2021, WP/2225/2021, WP/2258/2021, WP/1883/2021, WP/2679/2021, WP/2268/2021, WP/721/2021, WP/1744/2021, WP/1803/2021, WP/1878/2021, WP/1880/2021, WP/2212/2021 and WP/737/2021.

Mr. Ratnakar Singh for Respondent No 1 in all petitions. Ms. Udita Saxena i/b DSK Legal for MSEDCL- Maharashtra State Electricity Distribution Company Ltd.

Mr. Aditya A Joshi i/b Mr. Abhijit A Joshi for MSLDC- Maharashtra State Load Despatch Centre in all petitions except in WP/1883/2021. Mr. Manish Upadhye, AGP for State WP/366/2020. 4/7

Ms. P H Kantharia, Govt Pleader for State in WP/735/2021. Mr.

Amit Shastri, AGP for State in WP/2225/2021, WP/1803/2021,WP/1880/2021 and WP/2212/2021.

Mr S B Gore, AGP for State in WP/2258/2021.

Mr. Sukanta Karmakar, AGP for State in WP/1883/2021. Mr. L T Satelkar, AGP for State in WP/2679/2021. Mr. Hemant Haryan, AGP for State in WP/2268/2021. Mr. M A Sayed, AGP for State in WP/721/2021.

Mr. Himanshu Takke, AGP for State in WP/762/2021. Mr. Milind More, Addl.G.P., for State in WP/1744/2021, WP/1862/2021 and WP/1878/2021.

Ms Uma Palsuledesai, AGP for State in WP/737/2021 ...

CORAM : K. R. SHRIRAM & KAMAL KHATA, JJ.

TH NOVEMBER, 2022.

DATED : 24 P.C. :

1.

Mr. Behramkamdin seeks leave to withdraw Writ Petition no.366 of 2022 and Ms. Naik seeks leave to withdraw Writ Petition No.2679 of 2021, Writ Petition no.737 of 2021, and Writ Petition no.2268 of 2021. 2.

As regards the other petitions except Writ Petition no.762 of 2021 and 1862 of 2021, Ms. Naik states that she has not received a response to the instructions sought whether to withdraw those petitions. These petitions be listed for withdrawal /dismissal on 30 th November, 2022.

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3.

It is clarified that the petitions have been withdrawn since the additional Deviation Settlement charges levied by respondent No.2-MSLDC, is under reconsideration / consideration by MERC and MSLDC has been directed by MERC to put the claim for these charges in abeyance. MERC is reviewing those charges. In those circumstances, we do not see any reason to interfere in these petitions.

4.

We also informed the Advocates that if any order is passed by MERC that is adverse to petitioners, the said order will not be implemented for a period of say two weeks to enable petitioners to approach this Court. In view of the suggestions made, petitioners who are withdrawing the petitions, have done so.

5.

It is further clarified that MERC would pass orders on the issue of Deviation Settlement Charges after following the procedure laid down and any order passed by MERC, if that is prejudicial to the interest of petitioners, will not be acted upon by MSLDC for a period of 4 weeks from the date of the order being communicated to petitioners.

6.

Writ Petition nos.366 of 2020 along with Interim Application No.2243 of 2020, Writ Petition no.2679 of 2021, Writ Petition no.2268 of 2021 and Writ Petition no.737 of 2021 are dismissed as withdrawn. Interim Applications pending in those petitions also stand disposed. 6/7

7.

The remaining petitions being Writ Petition nos.735, 2225, 2258, 1883, 721, 1744, 1803, 1878, 1880 and 2212 of 2021 to be listed for withdrawal/dismissal on 30 th November, 2022 and Writ Petition no.762 of 2021 along with Interim Application no.146 of 2021 and Writ Petition no.1862 of 2021 along with Interim Application no.125 of 2021 to be listed for directions.

(KAMAL KHATA, J.) (K.R. SHRIRAM, J.) 7/7