JSA successfully represented UltraTech Cement Ltd. before the Hon’ble Bombay High Court in setting aside of Maharashtra Electricity Regulatory Commission’s (“MERC”) Order that significantly curtailed the benefits of banking of energy for captive generators / captive consumers situated in the area of supply of the Maharashtra State Electricity Distribution Company Limited.
In a major relief for captive generators / captive consumers in Maharashtra, on 03.11.2025, the Hon’ble Bombay High Court passed an Order quashing the Review Order dated 25.06.2025 passed by MERC which severely restricted ‘banking of solar power’.
As a result, the banking regime established under MERC’s Multi-Year Tariff Order dated 28.03.2025 (“MYT Order”), has been reinstated – restoring the facility of banking of energy for, at least, 17 hours.
The Review Order had been passed without adhering to the due process of law of issuing notices to stakeholders and conducting public hearings – in complete violation of the principles of transparency that Electricity Regulatory Commissions are bound to uphold under Section 86 of the Electricity Act, 2003. The impact of the Review Order was that banking of energy was rendered nugatory.
The Hon’ble Bombay High Court has stayed the operation of its Order for a period of four weeks during which the interim orders passed by it earlier will continue to operate i.e., banking of energy will be governed in terms of the MYT Order.
The Hon’ble Bombay High Court’s Order carries significant implications for captive generators and consumers in Maharashtra, offering much-needed relief and marking a positive development for the renewable energy sector where banking remains crucial, until viable storage solutions are realised.
JSA’s team comprised of Abhishek Munot (Lead Partner), along with Kunal Kaul (Partner) and Purvi Shrivastava (Associate).
Abhishek is a part of Disputes group of JSA and anchors the Regulatory Practice of JSA in Western India. Abhishek handles sector specific commercial litigation, arbitration constitutional & administrative law litigation and regulatory proceedings before statutory authorities, tribunals and courts.