IN THE MATTER OF THE DISPUTE BETWEEN BSES LIMITED AND TATA ELECTRIC GROUP OF COMPANIES REGARDING PAYMENT OF STANDBY CHARGES Vs. MAHARASHTRA ELECTRICITY REGULATORY COMMISSION

JUDGEMENT

(1.) This is an application filed by the BSES Limited, Petitioners in Case No. 7 of 2000, for amending the date of implementation of the order passed by this Commission in the said case, in order to give them adequate time to enable them to file a Review Petition before the Commission under Regulation 87 of the MERC (Conduct of Business) Regulations, 1999.

(2.) The Commission had passed an order on 7th December 2001 in Case No. 7 of 2000 directing the BSES to make the payment of Rs. 7706 lakhs together with interest thereon to the Respondents, the Tata Power Co., in respect of Standby charges for the year 1999 -2000, within four weeks from the date of the order. The TPC was also directed by that order to, in turn, pay the balance amount remaining out of Rs. 363 crore due as Standby charges together with interest due thereon to the MSEB for the same year, within a week thereafter. The order also stated that calculations for 2000 -2001 should also be made and payments effected suitably by the BSES and the TPC so that dues to the MSEB in respect of Standby charges are settled for this past period also within 3 months from the date of the order positively. Similarly, for the current financial year 2001 -2002, the Commission directed that till calculations are made after the end of the financial year based on accounting details, the BSES should pay to the TPC Rs. 10 crore per month as their share of standby charges to enable the TPC to pay to the MSEB the Standby charges due from it without delay (Paras 52 -55 of the Commission's order).

(3.) Senior Counsel for the Petitioners, Shri K.S. Cooper, drew the attention of the Commission to Regulation 17 of the MERC (Conduct of Business) Regulations, 1999, which states as follows: - "The Commission shall, at all times, have the authority either on an application made by any interested or affected party or suo motu, to review, revoke, revise, modify, amend, alter or otherwise change any order made or action taken by the Secretary or the officers of the Commission, if the Commission considers the same to be appropriate". He argued that the Commission could modify its order under this Regulation.