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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
B. P. COLABAWALLA, FIRDOSH P. POONIWALLA
O2 Renewable Energy VII Private Limited – Appellant
Versus
Maharashtra Electricity Regulatory Commission – Respondent
| Table of Content |
|---|
| 1. challenge of merc review order (Para 1 , 2 , 3) |
| 2. natural justice in regulatory reviews (Para 5 , 12 , 17) |
| 3. overview of regulatory framework (Para 7 , 8 , 9) |
| 4. mandatory public consultation for tariffs (Para 14 , 15 , 26) |
| 5. procedural violations lead to setting aside orders (Para 21 , 22 , 36) |
| 6. merc's obligations on review and public notice (Para 42 , 43 , 44) |
JUDGMENT :
B. P. COLABAWALLA, J.
1. Rule. Respondents waive service. With the consent of parties, Rule made returnable forthwith and heard finally.
2. All the above Writ Petitions take exception to the impugned review order dated 25th June 2025 passed by the 1st Respondent – Maharashtra Electricity Regulatory Commission (hereinafter referred to as “MERC”) in a Review Petition filed by the 2nd Respondent – Maharashtra State Electricity Distribution Company Limited (hereinafter referred to as “MSEDCL”). By the impugned review order, the original Multi Year Tariff Order (for short the “MYT Order”) dated 28th March 2025 was substantially modified. In most Petitions, namely, Writ Petition (L) No. 19450 of 2025; Writ Petition (L) No. 19640 of 2025; Writ Petition (L) No. 20790 of 2025; Writ Petition (L) No. 21714
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