BRIHANMUMBAI ELECTRIC SUPPLY Vs. MAHARASHTRA ELECTRICITY

JUDGEMENT

(1.) BRIHANMUMBAI Electric Supply and Transport Undertaking (of Brihanmumbai Municipal Corporation),hereinafter to be called BEST who is the appellant herein filed a petition, being no.95 of 2009 ,before the Maharashtra State Electricity Regulatory Commission(for short, the State Commission) in respect of True Up of its ARR for the FY2008 -09, Annual Performance Review(APR) for the FY 2009 -10 and a Tariff Application for the FY 2010 -11 on 31.12.2009 upon which the State Commission passed an order on 12.9.2010 against which this appeal has been preferred on series of grounds which will be noticed as we will proceed with the appeal. The True up petition was filed on the basis of audited statement of accounts for the FY 2008 -09, the APR is said to had been preferred on the basis of actuals from April to September and a revised statement from October to March for the FY 2009 -10, and projections for determination of tariff for the FY 2010 -11. Be it noted that the appeal is not directed against the order in its entirety but in respect of some grounds which are, of course, voluminous.

(2.) THE following are the grounds: -

(3.) THE only respondent in this appeal is the Commission which has filed a counter affidavit contending as follows: