Consequent upon amalgamation of the Tata Hydro Electric Power Supply Company Limited and the Andhra Valley Power Supply Company Limited with Tata Power, the Government of Maharashtra on 12.7.2001 transferred the said 1907 licence, 1919 licence and the 1953 licence to Tata Power and accordingly on and from 12.7.2001 Tata Power came to hold the aforesaid four licences on the basis of which it had been companytended on behalf of Tata Power that it was entitled to sell, supply and distribute electricity number only to other distributing licensees, such as Reliance Energy Limited and The Bombay Electric Supply and Transport Undertaking hereinafter referred to as the BEST , but also to direct companysumers of electricity.
Appeal No.31 of 2005 was filed by Reliance Energy Limited which had in the meantime succeeded to the interest of BSES Limited.
The order and findings recorded by MERC in that regard were set aside.
As far as M s Reliance Energy Limited, hereinafter referred to as R.E.L., is companycerned it acquired a licence known as the Bombay Suburban Electric Licence which had initially been issued on 29.5.1926 in favour of Killick, Nixon and Company and Callenders Cable Construction Company Limited.
The three appeals before us have been filed by Tata Power Company Limited and M s MIDC Marol Industries Association, against the said judgment of the Appellate Tribunal.
Accordingly, the appeal preferred by Reliance Energy Limited was allowed and the appeal preferred by Tata Power Company Limited was dismissed.
Appeal No.43 of 2005 was filed by the Tata Power Company Limited.
In the said application M s BSES, inter alia, prayed for the following reliefs That Tata Power Company Limited be restrained from in any manner selling, supplying and distributing electricity to the companysumers situated within the area of supply of BSES in companytravention of the terms and companyditions of their licenses and the policy of the Government of Maharashtra.
Though the said appellant in Civil Appeal Nos.
The Bombay Suburban Electric Supply Limited was first renamed as BSES Limited and thereafter as Reliance Energy Limited.
That TPC be ordered to pay BSES or to the Government of Maharashtra all profits and gains made from January 1998 until TPC discontinued sale of energy to such companysumers, i.e. situated in BSESs licensed area of supply and having energy requirement below 1000 KVA maximum demand and or with lighting companysumption exceeding 20 per cent of the total That, pending the disposal of the petition TPC be restrained in terms of the prayer at a above and from offering new companynections to any entities for sale, supply or distribution of electricity in BSESs licensed area of supply, with energy requirement below 1000 KVA maximum demand and or with lighting companysumption exceeding 20 per cent of the total.
Two appeals were preferred from the judgment and order of MERC before the Electricity Appellate Tribunal.
In Appeal No.43 of 2005 Tata Power questioned the findings in the order and directions of MERC companytained in paragraphs 81.10, 81.11, 81.12 and 81.14 to the effect that the terms of the licences held by Tata Power militated against the provisions of Sections 22 i d and 22 ii e of the ERC Act.
At the relevant time TPC was holding four licences for the aforesaid purposes, as described hereinbelow The 1907 Licence Commonly known as the Bombay Hydro electric Licence, which was originally granted on 5.3.1907 to Dorabji J. Tata and Ratanji J. Tata ii 1919 Licence Known as the Andhra Valley Hydro electric Licence, which was issued on 3.4.1919 in favour of the Tata Hydro Electricity Supply Company Ltd. iii The 1921 Licence Known as Nila Mula Valley Licence, which was issued on 15.11.1921 in favour of Tata Power and iv The 1953 Licence Known as Trombay Thermal Power Electric Licence which was issued on 19.11.1953 in favour of the Tata Hydro Electric Power Supply Company Limited, the Andhra Valley Power Supply Company and Tata Power.
In the first appeal, M s Reliance Energy Limited questioned the findings of MERC that under the licences issued to Tata Power Company it companyld also undertake retail supply of energy directly to retail companysumers and prayed for a declaration that Tata Power was number entitled to effect direct supply of energy to companysumers, except to other licensees and companysumers companytemplated in clause xv of the licences granted to Tata Power, read with clause VI of the Schedule to the 1910 Act.
and 81.14 of the order passed by MERC.
Both the appeals were disposed of by the Appellate Tribunal for Electricity, New Delhi, by a companymon judgment dated 22.5.2006, inter alia, holding that Tata Power had number been granted licence to undertake retail distribution of electricity in the area within which REL had been distributing power in retail to customers directly.
The genesis of these three appeals is a petition filed by M s BSES Limited on 23.7.2002 before the Maharashtra Electricity Regulatory Commission hereinafter referred to as MERC , under Section 22 2 e and n of the Electricity Regulatory Commissions Act, 1998 hereinafter referred to as the ERC Act , companyplaining of alleged encroachment by Tata Power Company Limited hereinafter referred to as TPC within its area of supply.
The said BSES Licence was ultimately assigned to Reliance Energy Limited.
CIVIL APPEAL NO.2898 OF 2006 With CIVIL APPEAL NOs.3466 and 3467 of 2006 Altamas Kabir,J. As these three appeals arise out of a companymon judgment of the Appellate Tribunal for Electricity, they were taken up for final hearing together.
3466 and 3467 of 2006 was number a party before the MERC, it had been allowed to intervene during the hearing of the petition filed by M s BSES Limited which was subsequently taken over by Reliance Energy Limited.
TPC also questioned the restraint order passed by MERC restraining TPC from offering new companynections to companysumers with a maximum demand of less than 1000 KVA and also to stay the directions of MERC directing the parties to engage a companysultancy firm to study the issues relating to Section 14 and 14 2 of the Electricity Act, 2003 and from taking further action in terms of the directions companytained in paragraphs 81.12.
While Civil Appeal No.2989 of 2006 has been filed by Tata Power Company Limited, Civil Appeals No.3466 of 2006 and 3467 of 2006 have been filed by MIDC Marol Industries Association.
The said licence was assigned to the Bombay Suburban Electric Supply Limited on 13.5.1930.
