J U D G M E N T

PER HON’BLE (SMT.) JUSTICE RANJANA P. DESAI - CHAIRPERSON:

1. Appeal No.161 of 2017 is filed by Shapoorji Pallonji Energy (Gujarat) Pvt. Ltd (“Shapoorji”) being aggrieved by order dated 18/05/2017 passed by the Gujarat Electricity Regulatory Commission (“the State Commission”) on IA No.3 of 2017 filed by Shapoorji in its Petition No.1511 of 2015. IA No.384 of 2017 is filed along with this Appeal by Shapoorji for interim reliefs.

2. Appeal No.162 of 2017 is filed by Essar Power Limited (“Essar Power”) being aggrieved by order dated 18/05/2017 passed by the State Commission on IA No.4 of 2017 filed by Essar Power in its Petition No.1532 of 2015. IA No.383 of 2017 is filed along with this Appeal by Essar Power for interim reliefs. Respondent No.1 is the State Commission and Respondent No.2 is the Gujarat Urja Vikas Nigam Ltd.

(“GUVNL”).

3. Both these interim applications can be disposed of by a common order because they involve common question of law relating to invocation and encashment of Bank Guarantee.

Facts are also similar.

4. Some background of both the applications needs to be given because the counsel appearing for the parties have insisted that these cases are clear