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2025 Supreme(Bom) 1654

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


Advocates Appeared:
For the Petitioner:Mr. Zal Andhyarujina – Sr. Advocate, a/w Adv. Shruti Sardesai, Adv. Shrey Shah, Adv. Shreya Mukherjee, Adv. Sai Archit M. i/b Hudda and Associates, for the Petitioner in
For the Respondent:Dr. Birendra Saraf, Advocate General, a/w Adv. Ratnakar Singh, Adv. J.P. Sen – Sr. Advocate, Mr. Sajan Poovayya – Sr. Advocate, Adv. Raksha Agarwal, a/w Adv. Vishal Binod, Adv. Sagnik Maitra i/b Cyril Amarchand Mangaldas

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 of 2025; Writ Petition (L) No. 20635 of 2025; Writ Petition (L) No. 19529 of 2025; Writ Petition (L) No. 20945 of 2025; and Writ Petition (L) No. 20792 of 2025, paragraphs 35.9 to 35.16 of the impugned review order are challenged. In other words, in these Petitions, the Petitioners have challenged the directions given in the aforesaid paragraphs of the impugned review order as the

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