- (1.) M/s B.S.Channabasappa & Sons and M/s Shridevi trading Company (herein after referred as Petitioners) filed a Petition on an affidavit on 30 August, 2013, for seeking relief for not providing permission by MSEDCL for availing Open Access in favour of M/s Inorbit Malls (I) Pvt. Ltd., under subsection (47) of Section 2 read with subsections (2), (3) and (4) of Section 42 of the Electricity Act, 2003 and Regulations made there under
(2.) The prayers of the Petitioners are as follows: " (i) The respondent be directed to grant Open Access permission to M/s Inorbit Malls (I) Pvt. Ltd from 01 -04 -2013 to 31 -03 -2014. (ii) All other just and equitable reliefs be granted to the Petitioner for the effective adjudication of this case."
(3.) The facts of the petition submitted by Petitioners have been summarized below: a. Petitioners are a Partnership firm duly registered under the Partnership Act, has set up a Wind -Mill (1.25 MW each) at Sadawaghpur, Tal - Patan, Dist -Satara. b. M/s Inorbit Malls (I) Pvt. Ltd is company where electricity is being consumed at plot No.39/1 Sector 30 A, Vashi, Navi Mumbai. c. MSEDCL has granted Open Access permission to M/s Inorbit Malls (I) Pvt. Ltd for the period of 01 -04 -2012 to 31 -03 -2013 to avail power from Petitioner No.1 and 2 vide letter dated 5 September 2012 and 29 August 2012 respectively. d. M/s Inorbit Malls (I) Pvt. Ltd again applied for Open Access permission on 30 January 2013 well in advance to expiry of earlier permission. MSEDCL, vide email dated 03 August 2013 has informed that Open Access permission cannot be granted. e. Petitioner has submitted that reasons given by the respondent for refusal of the permission were unjust and devoid of legal merits. Petitioners have further submitted that they have generated around 37.97 Lakhs units and injected the same in the distribution network of MSEDCL. ;