Altamas Kabir, J. - (1.) As these three appeals arise out of a common judgment of the Appellate Tribunal for Electricity, they were taken up for final hearing together.
(2.) The genesis of these three appeals is a petition filed by M/s BSES Limited on 23.7.2002 before the Maharashtra Electricity Regulatory Commission (hereinafter referred to as MERC), under Section 22(2)(e) and (n) of the Electricity Regulatory Commissions Act, 1998 (hereinafter referred to as the ERC Act), complaining of alleged encroachment by Tata Power Company Limited (hereinafter referred to as TPC) within its area of supply. In the said application M/s BSES, inter alia, prayed for the following reliefs: a) That Tata Power Company Limited be restrained from in any manner selling, supplying and distributing electricity to the consumers situated within the area of supply of BSES in contravention of the terms and conditions of their licenses and the policy of the Government of Maharashtra. b) That TPC be ordered to pay BSES or to the Government of Maharashtra all profits and gains made from January 1998 until TPC discontinued sale of energy to such consumers, i.e. situated in BSESs licensed area of supply and having energy requirement below 1000 KVA (maximum demand) and/or with lighting consumption exceeding 20 per cent of the total; c) That, pending the disposal of the petition TPC be restrained in terms of the prayer at (a) above and from offering new connections to any entities for sale, supply or distribution of electricity in BSESs licensed area of supply, with energy requirement below 1000 KVA (maximum demand) and/or with lighting consumption exceeding 20 per cent of the total.
(3.) From the materials on record it appears that the principal question which fell for the decision of MERC was whether TPC was entitled under the licences granted to it to effect distribution of electricity directly to customers within the area of supply indicated in the licences granted to BSES.;