MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LIMITED Vs. ADANI POWER MAHARASHTRA LIMITED AND ANOTHER

JUDGEMENT

(1.) The present appeals challenge the judgment and order dtd. 28/9/2020 passed by the Appellate Tribunal for Electricity (hereinafter referred to as 'APTEL'), in cross appeals being Appeal No. 116 of 2019, filed by Maharashtra State Electricity Distribution Company Limited (hereinafter referred to as 'MSEDCL'), the appellant herein, and Appeal No. 155 of 2019, filed by ADANI Power Maharashtra Limited (hereinafter referred to as 'APML'), respondent No. 1 herein, thereby challenging the order dtd. 7/2/2019, passed by Maharashtra Electricity Regulatory Commission (hereinafter referred to as 'MERC').

(2.) The facts, in brief, giving rise to the present appeals are as under:

(3.) APML, being aggrieved by the Change in Law on account of the Ministry of Coal bringing into force the New Coal Distribution Policy, 2013 (hereinafter referred to as 'NCDP, 2013'), which revised the arrangements prescribed under New Coal Distribution Policy, 2007 (hereinafter referred to as 'NCDP, 2007') for supply of coal, had filed a petition being Case No. 189 of 2013, seeking compensation in Tariff on account of Change in Law under the PPAs before MERC. Finally, in the light of the judgment of this Court in the case of Energy Watchdog v. Central Electricity Regulatory Commission and Others,(2017) 14 SCC 80 the said petition, after being remanded by the APTEL, was heard afresh by the MERC.