IN THE APPELLATE TRIBUNAL FOR ELECTRICITY (Appellate Jurisdiction)

CP No. 2 OF 2025 & IA No. 341 OF 2025 Dated: 15^th May, 2025 Present : Hon`ble Mr. Justice Ramesh Ranganathan, Chairperson Hon`ble Ms. Seema Gupta, Technical Member (Electricity)

In the matter of:

Laxmi Organics Industries Ltd, Through its Managing Director, Chandramukhi, 3^rd Floor, Nariman Point, M umbai 400021 … Petitioner(s)

Versus

1 .

Maharashtra State Electricity Distribution Company Ltd.

Through its Chief Engineer, Commercial

5th Floor, Plot No. G-9, Station Road, Prakashgad, Bandra (East), Mumbai 400 051. … Respondent No.1

2. Maharashtra Electricity Regulatory Commission Through its secretary, World Trade Centre, Centre No-1,13th Floor, Cuffe Parade, Colaba, Mumbai- 400 005. … Respondent No.2

3. Prayas (Energy Group)

Through its Managing Director Amrita Clinic, Athvale Corner, Lakdipool-

Karve Road Junction, Deccan Gymkhana, Karve Road, … Respondent No.3 Pune-411 004

4. Thane Belapur Industries Association The General Secretary, Through its Managing Director.

Rabale Village, Post Ghansoli, Plot P-14, MIDC, Navi Mumbai-400 701 … Respondent No.4

5. Mumbai Grahak Panchayat, Through its Managing Director, Grahak Bhavan, Sant Dynaneshwar Marg, Behind Cooper Hospital, Vile Parle (West), … Respondent No.1 Mumbai-400 056.

6. Maharashtra Chambers of Commerce Industry & Agriculture, Through its Managing Director, Oricon House, 6th Floor, 12-K, Dubash Marg, Fort, Mumbai- 400 001, (Nashik Branch). … Respondent No.1

7. Vidarbha Industries Association Through its Managing Director

1st Floor, Udyog Bhavan, Civil Line, …

Nagpur- 400 001. Respondent No.1 Counsel on record for the Petitioner(s) : Subir Kumar for App. 1 Counsel on record for the Respondent(s) : Udit Gupta Anup Jain Vyom Chaturvedi Pragya Gupta Sneha Singh Nishtha Goel Deepshikha Kumar for Res. 1

ORDER

PER HON’BLE MR. JUSTICE RAMESH RANGANATHAN, CHAIRPERSON I. INTRODUCTION:

This Petition has been filed, by the Appellant in Appeal No. 376 of

2018, under Section 142 read with Section 146 of the Electricity Act (a) for deliberate disobedience and willful non-compliance of the judgment of this Tribunal in Appeal Nos. 245 and 376 of 2018 dated 23.10.2014; (b) to direct the 1st Respondent to immediately cease levying and to reverse the wheeling charges and wheeling losses, and transmission charges and transmission losses illegally imposed in all bills issued post judgment, and comply as per the directions in the impugned judgement passed by this Tribunal, and (c) to direct the 1^st Respondent to (i) provide a detailed working of the arrears of Rs.43,66,33,323/- (Rupees Forty Three Crores Sixty Six Lakhs Thirty Three Thousand Three Hundred Twenty Three only) shown in the bills issued post the judgment; and (ii) immediately (within two working days) reverse the arrears by issuing a written confirmation of the reversal, and to comply as per the directions of the impugned judgment passed by this Tribunal.

Section 142 of the Electricity Act relates to punishment, for non-

compliance of directions, by the Appropriate Commission and thereunder, in case any complaint is filed before the Appropriate Commission by any person or if that Commission is satisfied that any person has contravened any of the provisions of the Electricity Act or the rules or regulations made thereunder, or any direction issued by the Commission, the Appropriate Commission may, after giving such person an opportunity of being heard in the matter, by order in writing, direct that, without prejudice to any other penalty to which he may be liable under this Act, such person shall pay, by way of penalty, which shall not exceed one lakh rupees for each contravention and in case of a continuing failure with an additional penalty which may extend to six thousand rupees for every day during which the failure continues after contravention of the first such direction.

The power under Section 142 of the Electricity Act, to punish a person when he contravenes any provisions of the Act