SKV Law Offices successfully represented Tata Power Renewable Energy Limited before the Bombay High Court in a writ petition challenging MERC’s review order on banking of renewable energy
05.11.2025
SKV Law Offices successfully represented Tata Power Renewable Energy Limited (TPREL), before the Bombay High Court in a major sectoral reprieve wherein the High Court set aside the review order dated 25.06.2025 (Review Order) passed by Maharashtra Electricity Regulatory Commission (MERC), which unilaterally modified the Multi Year Tariff (MYT) Order passed for Maharashtra State Electricity Distribution Company Limited (MSEDCL). It was the case of Petitioners, including TPREL, that the Review Order was passed by MERC modifying the banking regime put in place by the MYT Order in violation of natural justice, since no public notice was issued and no opportunity of hearing was granted to affected parties.
TPREL, represented by SKV Law Offices, was aggrieved since the Review Order effectively withdrew the banking regime in place in the State of Maharashtra for solar power developers without following the mandatory procedural safeguards of giving a hearing to the aggrieved person. This violation of principles of natural justice is contrary to the regulatory mandate under the Electricity Act, 2003 and MERC’s own regulations, which require transparency and stakeholder engagement in tariff and policy changes affecting the renewable sector.
Consequently, the Bombay High Court set aside the Review Order on grounds of non-compliance with due process and mandated that all affected parties be afforded a fresh opportunity to be heard before any further order is passed regarding tariff or banking amendments.
The decision secured by SKV Law Offices affirms the legal requirement for transparent policy framing in energy banking and tariff matters, securing operational and financial relief for renewable generators while strengthening the role of stakeholder participation in electricity regulation. The Court’s order also restores certainty for existing and future solar investors, ensuring grid flexibility and competitive consumer tariffs across Maharashtra.
Click here to read the Judgment.
TPREL was represented before the Bombay High Court by Shri Venkatesh (Founding Partner), Priya Dhankhar (Counsel), Siddharth Nigotia (Senior Associate) and Ashirwad Sapre (Associate) of SKV Law Offices team.