JUDGEMENT

PER HON’BLE MR. JUSTICE RAMESH RANGANATHAN, CHAIRPERSON

I. INTRODUCTION:

Appeal No. 232 of 2025 has been filed by the Maharashtra State Electricity Distribution Company Limited (“MSEDCL” for short) aggrieved by the order passed by the Central Electricity Regulatory Commission (“CERC” for short) in Petition No. 276/MP/2024 dated 12.06.2025. The reliefs sought by MSEDCL, in Appeal No. 232 of 2025, are (a) to set aside the order of the CERC in Petition No. 276/MP/2024; (b) declare that the invoices raised by the 2^nd Respondent- Ratnagiri Gas and Power Private Ltd (“RGPPL” for short) against the Appellant-MSEDCL, as more specifically set out in Annexure A-29 of the Appeal, as void, non-est and illegal; (c) restrain the 2^nd Respondent-RGPPL from issuing any further invoices under the terminated PPA dated 10.04.2007 and from uploading any further invoices on the PRAAPTI portal, seeking payment thereof; (d) direct the 3^rd Respondent-Grid Controller of India Limited and the 4^th Respondent-PFC Limited not to take any coercive actions prejudicial to the Appellant’s short term access and full GNA; and (e) restrain the Respondents from taking any coercive steps against the Appellants in furtherance of such impermissible, inapplicable, void, non-est and arbitrary invoices, including by way of regulation of GNA and open access under the framework of the LPS Rules.

Petition No. 276/MP/2024 was filed by MSEDCL before the CERC, under Section 79(1)(f) of the Electricity Act, 2003, seeking quashing of the invoices raised by the 1^st Respondent-RGPPL on them as being void, illegal and non-est; seeking appropriate directions against RGPPL to withdraw the invoices uploaded on the PRAAPTI portal; to restrain them from issuing or uploading any further invoices on the said portal; and from taking any coercive action in furtherance of such invoices, including by way of seeking regulation of open access under the Electricity (Late Payment Surcharge and Related Matters) Rules, 2022.

II. IMPUGNED ORDER PASSED BY THE CERC IN PETITION NO. 276/MP/2024 DATED 12^TH JUNE, 2025: ITS CONTENTS:

In its order, in Petition No. 276/MP/2024 dated 12^th June, 2025, the CERC noted the background facts leading up to the filing of E.P.No.12 of 2023 before this Tribunal by RGPPL. It then noted that MSEDCL had filed IA No.1068 of 2024 in the Execution Proceedings (E.P. No.12/2023) seeking intervention of this Tribunal in respect of the PRAAPTI proceedings in the light of the approaching trigger date for the curtailment of open access of MSEDCL, due to non-payment of dues against the outstanding invoices raised by RGPPL; MSEDCL had also filed W.P. No. 24685 of 2024 before the High Court of Bombay, seeking directions to set aside the invoices raised by RGPPL, and also to restrain RGPPL from issuing fresh invoices under the allegedly terminated PPA, and from uploading any invoices in the PRAAPTI portal; the Bombay High Court, vide its order dated 8.8.2024, disposed of the said writ petition directing: (a) the Petitioner (MSEDCL) to file their Petition before the CERC by 14^th August 2024 along with an application for stay. These papers and proceedings shall also be served on the Respondents by 14^th August, 2024; (b) the CERC to take up the stay application of the Petitioner on 20^th August, 2024; (c) in the interregnum and until 20^th August, 2024, there shall be no reduction or withdrawal of access for sale and purchase of electricity as provided in Rule 7(c) of the said Rules. It was clarified that this will not affect the reduction. If any, that is already triggered and /or taken place; (d) it was clarified that the interim protection granted will be subject to the orders passed by the CERC in the proposed stay application to be filed by the Petitioner; and the CERC shall decide the Petition and the application for the interim reliefs of the Petitioner without being influenced by anything stated in this order; and, in the above background, MSEDCL had filed the present Petition