JUDGMENT

L. Nageswara Rao, J.

The question that arises for our consideration in these Appeals is whether Tata Power Company Limited-Distribution (hereinafter, 'TPC-D') is entitled to levy wheeling charges for the power supplied to Hindustan Petroleum Corporation Limited (hereinafter, 'HPCL') and wheeling charges for the power sourced from Sai Wardha Power Generation Limited (hereinafter, 'SWPGL') through open access. The Maharashtra Electricity Regulation Commission (hereinafter, 'the Commission') allowed the petition filed by HPCL and held that TPC-D is not entitled to levy wheeling charges. Consequently, the Commission directed TPC-D to refund the amounts collected from HPCL, in the form of wheeling charges. The Appellate Tribunal for Electricity allowed the appeal filed by TPC-D and set aside the order of the Commission. Aggrieved thereby, the SWPGL and HPCL have filed the above Appeals.

2. Tata Power Company Limited (TPC was granted an integrated licence for supply of electricity under the provisions of the Indian Electricity Act, 1910. HPCL has been receiving electricity from TPC on its 22 kV distribution network since 1955. In 2005, HPCL augmented its oil refining facility by in