JUDGMENT

Arun Mishra, J.

1. The appeal has been preferred by Maharashtra State Electricity Distribution Company Limited (for short, ‘the MSEDCL’) against the order dated 30.5.2007, passed by Appellate Tribunal for Electricity (for short, ‘the APTEL’), dismissing the appeal against the order dated 21.5.2004 passed by Maharashtra State Electricity Regulatory Commission (for short, ‘the MERC’), quashing Circular No.602 dated 23.7.1998, Circular No.619 dated 25.5.1999, Circular No.627 dated 2.9.1999, Circular No.651 dated 19.9.2000 and Circular No.663 dated 5.10.2001, insofar as they purport to impose “take or pay” obligation and minimum off­take requirement as also of any additional tariff for captive power plant holders on the ground that there was no approval of the MERC constituted in terms of the provisions of the Electricity Regulatory Act, 1998 (for short, ‘the Act of 1998’). The aforesaid circulars dealt with Captive Power Plant Policy (for short, ‘the CPP Policy’). The appellant­MSEDCL has been directed to make refund to respondent nos.3 to 7. The financial liability has been imposed upon the appellant­MSEDCL. The MERC was constituted on 5.8.1999. The appellant­MSEDCL had submit