Dismissed

Mspl Ltd. v. the State of Maharashtra, Manrtralaya and Ors.

Bombay HC21 Aug 2019WP/390/2019

Case brief

AI extract

What is this about?

Five writ petitions filed by renewable energy and federations against the State and the Electricity Regulatory Commission were withdrawn by counsel on instruction with liberty to approach the Commission. The court dismissed the petitions as withdrawn and disposed of the civil application.

What did the court decide?

Writ petitions dismissed as withdrawn with liberty to approach the Regulatory Commission.

Mspl Ltd. Vs the State of Maharashtra, Manrtralaya and Ors. — Bombay HC (2019) — LawSathi Research

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904-CAW1562-19+.DOC

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Shephali

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1562 OF 2019

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IN

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WRIT PETITION NO. 12697 OF 2018

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Ratnagiri Wind Power Projects Pvt Ltd ...Petitioner
Versus
Government of Maharashtra through Secretary, ...Respondents
Energy Department & Ors

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WITH

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WRIT PETITION NO. 390 OF 2019

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MSPL Ltd...Petitioner
Versus
The State of Maharashtra, Mantralaya & Ors ...Respondents

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AND

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ORDINARY ORIGINAL CIVIL JURISDICTION

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WRIT PETITION NO. 1972 OF 2019

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National Solar Energy Federation of India...Petitioner
Versus
Maharashtra Electricity Regulatory Commission ...Respondents
& Anr

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AND

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ORDINARY ORIGINAL CIVIL JURISDICTION

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WRIT PETITION NO. 2116 OF 2019

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Page 1 of 3

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21st August 2019

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904-CAW1562-19+.DOC

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Clean Wind Power (Satara) Pvt Ltd
Versus

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...Petitioner

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Maharashtra Electricity Regulatory Commission ...Respondents
& Ors

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AND

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ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 2245 OF 2019

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CLP Wind Farms (India) Pvt Ltd & Ors

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...Petitioners

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Versus

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Maharashtra Electricity Regulatory Commission ...Respondents
& Ors

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Mr Milind Sathe, Senior Advocate,i/b Dipali Sheth and Priya
Pandey of Eternity Legal,for the Pe/titioners in WP/390/19.
Mr Bimal Rajsekhar, for the Petitioner in WP/12697/2018.
Mr Arijit Maitra, i/b Madhusudan G Gawde, for the Petitioner in
WP/1972/2019.

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Ms Vaidehi Naik, with Bitika Kaur, i/b Neeti Niyaman, for the
Petitioner in WP/2116/2019 & WPL/2245/2019.

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Mr Ashutosh A Kumbhakoni, Advocate General, with Ratnakar
Singh, for Respondent-MERC in all the matters.

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MrAbhijeet Joshi, for Respondent-MSLDC in all the matters & for
Respondent No. 5 in WP/390/2019 and for Respondent No. 3 in
WP/12697/2018.

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Ms Nidhi Chheda, for Respondent No. 3 (MSEDCL) in WP/2116/
2019 & WPL/ 2245/2019 and for Respondent No. 6 in
WP/390/2019.

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Dr Mrs Kirti R Kulkarni, AGP, for the Respondent N os. 1 to 3-State
in WP/390/2019 and for Respondent No. 1 in WP/12697/2018.

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CORAM:S. C. DHARMADHIKARI &
G.S. PATEL, JJ
DATED:21st August 2019

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Page 2 of 3 21st August 2019

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904-CAW1562-19+.DOC

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PC:-

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1.After these Petitions were argued for some time and at this
stage we were not inclined to interfere in our writ jurisdiction, each
of the counsel appearing for the Petitioners in these Petitions, on the
instructions from the Petitioners, seeks leave to withdraw the Writ
Petition with liberty to approach the Regulatory Commission.

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2. The Writ Petitions are dismissed as withdrawn with liberty as prayed.

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3.Needless to clarify that should the law enact provisions
enabling the commission to revisit the regulations or modify them or
defer their implementation, then, such reliefs can always be claimed
when the party approaches the Commission.

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4.In view of this, Civil Application No. 1562 of 2019 does not
survive and is disposed of accordingly.

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(S. C. DHARMADHIKARI, J)

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(G. S. PATEL, J)

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Page 3 of 3 21st August 2019

Mspl Ltd. v. the State of Maharashtra, Manrtralaya and Ors.

Case brief

What is this about?

What did the court decide?

Mspl Ltd. v. the State of Maharashtra, Manrtralaya and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

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