TATA POWER COMPANY LIMITED Vs. RELIANCE ENERGY LIMITED

JUDGEMENT

(1.) As these three appeals arise out of a common judgment of the Appellate Tribunal for Electricity, they were taken up for final hearing together.

(2.) 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), complaining of alleged encroachment by Tata Power Company Limited (hereinafter referred to as TPC) within its area of supply. In the said application M/s BSES, inter alia, prayed for the following reliefs:

(3.) From the materials on record it appears that the principal question which fell for the decision of MERC was whether TPC was entitled under the licences granted to it to effect distribution of electricity directly to customers within the area of supply indicated in the licences granted to BSES.