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2003 Supreme(Bom) 240

A.P.SHAH, RANJANA DESAI
Maharashtra State Electricity Board – Appellant
Versus
Maharashtra Electricity Regulatory Commission – Respondent


JUDGMENT - SHAH A.P., J.:---These appeals under section 27 of the Electricity Regulatory Commission Act, 1998, hereinafter called the "E.R.C. Act", raise common issues of law and are being disposed of by this common judgment. The common issues relate to the jurisdiction of the Maharashtra Electricity Regulatory Commission (M.E.R.C.) to issue directions relating to the terms and conditions for supply of electricity energy fixed by the Maharashtra State Electricity Board (M.S.E.B.) and to the M.S.E.Bs right to claim transit loss of coal.

Appeal No. 1 of 2001

2.This appeal is directed against the principal tariff order dated 5th May, 2000 passed by M.E.R.C. determining the tariff applicable to various categories of consumers of M.S.E.B. for the period 2000-2001. The brief facts leading to this appeal are that on 4th May, 1999. M.S.E.B. submitted a proposal to the Government of Maharashtra for revision of its retail distribution tariff with effect from 1st June, 1999 under section 49 read with section 59 of the Electricity (Supply) Act, 1948, hereinafter called the "Supply Act". No decision was taken by the State Government on the said proposal. On 5th August, 1999, M.E.R.C. was constitu






























































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