Msedcl v. Merc & Ors.

This appeal is directed against the order of the Maharashtra Electricity Regulatory Commission (for short MERC) dated November 1, 2007, whereby the review petition of the appellant against its order dated August 24, 2007 was dismissed. We find that the order dated November 1, 2007 rejecting the review petition is inter-alia based on the assumption that the appellant besides having filed the review petition had also preferred an appeal from the order of the MERC dated August 24, 2007 and the appeal was pending before this Tribunal. This assumption was not correct as no appeal was presented or pending against the order of the MERC dated August 24, 2007. This being so, the Order of the MERC dated November 1, 2007 in review petition filed against the order dated August 24, 2007, which proceeds on erroneous assumption, is required to be set aside.

We order accordingly. The net effect of this Order is that the MERC shall be required to hear the review petition afresh and it will be open to the parties to urge such contentions as are available to them in law.

We order accordingly. The appeal is disposed of.