- (1.) Petition has filed by M/s Mula Pravara Electric Co -operative Society Ltd. before the Commission under affidavit (MPECS, hereinafter referred to as the "the Petitioner") for amendment / review / rectification of the Commission's Order dated 3 September, 2013 in Case No. 121 of 2012 directing the Petitioner to handover the copy of Asset Register to Maharashtra State Electricity Distribution Company Limited. (MSEDCL, hereinafter referred to as "the Respondent") for valuation of the asset to determine the compensation.
(2.) The prayers of the Petitioner are as under: "........ a. To admit this application/ Petition and condone delay in filing the same. b. To amend, review, rectify, modify and correct its Order dated 3 September, 2013 and i. Delete and expunge the impugned portion in the last (summarizing) paragraph of the said Order, which reads: "The Commission further directs MPECS to submit a copy of its assets register of electricity business within a week of issuance of this Order to MSEDCL. MSEDCL shall carry out the valuation exercise of assets of MPECS and submit the valuation report to the Commission, within a month of issuance of this Order. ii. pass appropriate orders and directions and take actions against MSEDCL and all persons liable for violation, breach, contravention and non -compliance (and abetment thereof) of the Hon'ble MERC's Order dated 15th October 2012 and the Hon'ble APTEL's Order dated 16th December 2011 inter alia under Sections 142, 146, 149 and 150 and other applicable provisions of the Electricity Act, 2003, Rules and Regulations, and for offences committed and abetment thereof under the said Act, Rules and Regulations there under;" c. that pending the hearing and final disposal of this Application / Petition, the impugned portion of the said Order dated 3rd September 2013 quoted above be stayed; d. For costs; e. For such other and further orders, directions, and reliefs as the nature and circumstances of the case may require. ........"
(3.) Background of the Petition: - 3.1 The Commission vide its Order dated 27 January, 2011 in Case No. 85 of 2010 (MSEDCL's application for grant of distribution license) and in Case No. 87 of 2010 (MPECS's application for grant of distribution license) had rejected the application of the Petitioner for grant of Distribution License and amended the license of Respondent to distribute the electricity in the Petitioner's region. Further, by the same Order Commission had directed the Petitioner to handover its entire asset to the Respondent with liberty to the Petitioner to claim value for the assets by filing a separate Petition. 3.2 Being aggrieved by the aforesaid Order of the Commission, the Petitioner had filed an Appeal No. 39 of 2011 before the Hon'ble APTEL mainly challenging the powers and jurisdiction of the Commission in directing handing over of the Petitioner's assets to the Respondent. 3.3 The Hon'ble APTEL allowed the Appeal filed by the Petitioner and set aside the Commission's common Order dated 27 January, 2011 and remanded the matter back to the Commission to reconsideration on merit in both Cases. 3.4 In line with above directives of Hon'ble APTEL, the Petitioner had filed a Petition before the Commission i.e. Case No. 24 of 2012 for determination of compensation charges for use of Petitioner's distribution network by the Respondent. 3.5 The Commission had passed an Interim Order in Case No. 24 of 2012 and determined an interim charge payable by Respondent to the Petitioner. 3.6 Subsequently, the Respondent had filed a Review Petition i.e. Case No. 121 of 2012 and Miscellaneous Application No. 6 of 2012 to review and stay the operation of the aforesaid Commission's Interim Order dated 15 October, 2012 passed in Case No. 24 of 2012. The Commission rejected the M.A No. 6 of 2012 directing that, the issue was not related to the present Petition and also rejected the Review Petition of Respondent in Case No. 121 of 2012, and passed the Impugned Order directing Petitioner to submit a copy of its asset registers of its electricity business to Respondent to carry out the valuation of the assets. ;