Judgment :-

S.B. SINHA, J.

INTRODUCTION

These statutory appeals under Section 125 of the Electricity Act, 2003 (hereinafter called and referred to for the sake of brevity as `the 2003 Act) are directed against a common judgment and order dated 6th May, 2008 passed by the Appellate Tribunal for Electricity, New Delhi in Appeal No.143 of 2007 and I.A. No.70 of 2008 whereby and whereunder a judgment and order dated 6th November, 2007 passed by the Maharashtra Electricity Regulatory Commission (MERC) was set aside.

THE PARTIES

Whereas Appellants, the Tata Power Company Ltd. (TPC) has two divisions -`Generation [TPC (G)] and `Distribution [TPC (D)]; the Brihan Mumbai Electricity and Transport Corporation (BEST) is a distribution company; Respondent - Reliance Energy Ltd. now named as Reliance Infrastructure Ltd. (RInfra) is a generating as well as a distributing company within the meaning and provisions of the 2003 Act.

All of them have been operating in the city of Mumbai including Suburban Mumbai of having approximately 384 sq. Km in area and the city of Mumbai having approximately 60 sq. Km in area.

We may place on record that the aggregate capacity to generate electricity of TPC is