Bombay High Court

Bombay High Court: MERC's Review Decision Overturned Due to Lack of Consultation

Updated
Nov 12, 2025 10:40 PM
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Quick Summary

The High Court of Bombay has canceled a review decision by the Maharashtra Electricity Regulatory Commission (MERC) because they didn't ask for opinions from everyone affected. The court highlighted the importance of being open and involving everyone in decisions that change prices.

Background: What's This All About?

Several companies, including CtrlS Datacentres Limited, complained against the Maharashtra Electricity Regulatory Commission (MERC) and the Maharashtra State Electricity Distribution Company Limited (MSEDCL). They were unhappy about a review decision that changed a previous price order without asking for input from all affected people.

The Original Tariff Order

  • Date: March 28, 2025
  • Details: The original order set prices and described how energy banking (saving energy for later use) should work. It allowed energy saved during busy times to be used anytime, and energy saved during less busy times to be used anytime except during busy times.

The Controversial Review Order

  • Date: June 25, 2025
  • Changes: The review limited when saved energy could be used, making it more restricted. It also changed the price category for hotels, leading to higher costs.
  • Issue: This order was made without asking for opinions from everyone affected, which the companies argued was unfair and against the rules.

Court's Decision: Why Was the Review Order Canceled?

  • Lack of Consultation: The court found that MERC didn't follow the necessary process of asking for opinions from everyone affected before making changes. This was seen as unfair.
  • Regulations: According to the rules, any big changes affecting people need to have prior notice and a chance for those affected to speak up.

What Happens Next?

  • Remand: The case is sent back to MERC to reconsider the review petition, this time with proper consultation with everyone affected.
  • Interim Measures: Until a new decision is made, the original tariff order from March 28, 2025, will remain in effect.

Key Takeaways

  • Transparency and Fairness: This case highlights the importance of being open and fair in decisions, especially when they have wide-reaching impacts.
  • Stakeholder Involvement: Regulatory bodies must ensure that all affected people have a chance to voice their concerns before changes are made.