LAWS(GJH)-2009-11-165

RELIANCE INDUSTRIES LTD Vs. INDIAN WIND ENERGY ASSOICATION

Decided On November 09, 2009
RELIANCE INDUSTRIES LTD Appellant
V/S
INDIAN WIND ENERGY ASSOICATION Respondents

JUDGEMENT

(1.) AS common question of law and facts are involved in these petitions, they are disposed of by this common judgment.

(2.) THE petitioners no. 1 herien in this group of petitions are the companies duly incorporated under the provisions of the Companies Act and petitioners no. 2 in each of the petitions, are the shareholder of petitioner no. 1s-Companies. On 29. 10. 2005, the respondent-Commission framed the Gujarat Electricity Regulatory Commission (Power Procurement From Renewable Sources) Regulation, 2005, [for short the said "regulations"] inter alia providing for procurement of power from renewable sources by distribution licensees within the State of Gujarat. On 18,06. 2006, the respondent-Commission, introduced the Wind Tariff Order No. 2 by revising the minimum percentage from 2% upto 10% for the power procurement from the renewable sources. The respondent-Indian Wind Energy Association, preferred a petition being Petition No. 933 of 2008, before the Commission for review of the said Regulations of 2005 and Wind Tariff Order No. 2. In the said petition, the Commission passed the order dated 06. 01. 2009, directing the parties to file their submissions. Pursuant thereto, the respondent-Commission vide impugned order dated 08. 05. 2009, rejected the said Petition with necessary directions. Being aggrieved by and dissatisfied with the impugned order, the petitioners have approached this Court by way of these petitions.

(3.) HEARD. After effective hearing, Mr. P. M. Thakkar, learned counsel appearing for respondent-Indian Wind Energy Association, states that the Company will withdraw the review petition being Review Petition NO. 933 of 2008 preferred before the respondent-Commission.