TATA POWER COMPANY LIMITED AND TATA POWER TRADING COMPANY LIMITED Vs. MAHARASHTRA STATE LOAD DESPATCH CENTRE, KALWA AND RELIANCE INFRASTRUCTURE LIMITED, MUMBAI

JUDGEMENT

(1.) THROUGH this application the petitioner seeks to place on record the judgment of the Hon'ble Bombay High Court dated 18.1.2011 in Writ Petition No. 71/2011. The judgment is taken on record. IA accordingly stands disposed of.

(2.) TATA Power Company Limited (Tata Power), the first petitioner, primarily engaged in the business of generation of electricity also undertakes distribution of electricity in Mumbai as a distribution licensee. The requirement of power for the distribution business of Tata Power is exclusively met through its own generation. Tata Power is also having long -term PPA for supply of power to BEST Undertaking. Tata Power had an arrangement for supply of power to Reliance Infrastructure Ltd. (Rinfra), the second respondent which is also engaged in the business of distribution of electricity in Mumbai. Tata Power terminated the arrangement for supply of power to Rinfra with effect from 1.4.2010. The power becoming surplus as a consequence of this termination was proposed to be utilized for its distribution business or traded through its subsidiary company, Tata Power Trading Company Ltd. (Tata Trading), the second petitioner, a licensee for inter -State trading in electricity.

(3.) THE petitioners had initiated various proceedings against the directives issued by the State Government before the Hon'ble Bombay High Court which also included challenge to the Memorandums dated 7.5.2010 and 19.5.2010 in Writ Petition No. 71/2011. The Hon'ble High Court by its judgment dated 18.1.2011 held the Memorandum dated 7.5.2010 ultra vires and quashed and set aside the said Memorandum. Hon'ble High Court also held that :