JSA represented JK Files & Engineering Limited and JK Talabot Limited (“Raymond Entities”) before the Bombay High Court in two Writ Petitions filed by MSEDCL (“Writ Petitions”) challenging the orders passed by the Consumer Grievance Redressal Forum, Kolhapur Zone, Kolhapur (“CGRF“) which inter alia directed MSEDCL to: (i) waive demands for penalty charges imposed on the Raymond Entities for the period from May 2020 to August 2020; and (ii) refund penalty and electricity duty charges already recovered by MSEDCL from the Raymond Entities with interest @ 5% per annum (“CGRF’s Orders”).
MSEDCL had levied penalties and charges on the basis of the alleged failure by the Raymond Entities to follow the online prescribed processes for requesting changes in their contracted demand during the Covid-19 period.
MSEDCL contended that the Raymond Entities used the ‘service request’ tab on their website instead of the designated ‘Load Change’ tab to request an increase in their contract demand.
The Raymond Entities contended that the CGRF’s Orders were correct as they were constrained to raise requests on the service request tab as the load change tab on MSEDCL’s website was inoperative. They had also addressed voluminous correspondence to MSEDCL regarding the inoperative tab, that there was no specific modality provided and that other consumers had also faced similar issues.
By its orders dated 04 July 2025, the Hon’ble Bombay High Court dismissed the Writ Petitions and upheld the CGRF’s Orders inter alia observing that despite the correspondence and service requests raised by the Raymond Entities, MSEDCL had failed to act on the same and levied excess duty charges as well as penalties. The Hon’ble Bombay High Court held that the CGRF’s Orders were well reasoned and did not call for any interference.
Shanaya Cyrus Irani, Partner, argued the matter on behalf of the Raymond Entities in the Writ Petitions. JSA’s team also comprised Farhad Sorabjee (Lead Partner) and Siddhesh S. Pradhan (Principal Associate).
Farhad is a senior partner at JSA. He has been in practice for over thirty years and has chaired the Firm’s disputes practice. Before joining the firm as a partner in 2005, Farhad practiced as counsel in leading chambers in Mumbai for over 15 years.