Bombay High Court
Bharat Forge LimitedversusMaharashtra State Electricity Distribution Company Limited
- Decided
- Disposal
- DISPOSED OFF
Holding
The court allowed amendment of the writ petitions, extended the interim protection orders to the amended petitions, and permitted respondents to reflect tax components in future bills without initiating coercive action.
Summary
The Bombay High Court entertained several interim applications seeking to amend numerous writ petitions to record subsequent developments. The court, after hearing petitioners' counsel and the State's representatives, allowed the amendment and directed that the amended petitions be filed within a week, with the State given four weeks to file a composite reply. The court also extended the interim protection orders operative in related petitions to the newly amended petitions. In the specific writ petitions concerning the applicability of tax on electricity sold to captive consumers, the court noted the issue is sub‑judice in other pending petitions and ordered that the same interim protection apply, allowing the respondents to reflect tax components in future bills without coercive action. The order further set timelines for notice, rejoinder, and continuation of earlier interim orders.
Issues considered
- Whether the writ petitions may be amended to incorporate subsequent developments.
- Whether the interim protection orders in related writ petitions should extend to the present petitions.
- Whether tax on the sale of electricity to captive consumers is applicable, pending adjudication in other petitions.
Subjects
- interim application
- amendment of writ petition
- tax on electricity
- captive consumers
- interim order
- High Court of Bombay
- civil procedure
Judgment
06-WP-1958-2026.DOC
Rekha Patil
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 1958 OF 2026 (SR.NO.6)
WITH
INTERIM APPLICATION (L) NO. 12768 OF 2026
IN
WRIT PETITION NO. 1958 OF 2026
Amba River Coke Limited, …Petitioner
Through Its Executive Vice President, Finance
And Accounts Hemendra Sharma
Versus
Maharashtra State Electricity Distribution …Respondents
Company Ltd., Through Its Chairman And
Managing Director and Ors.
WITH
WRIT PETITION NO.1744 OF 2021
WITH
WRIT PETITION NO. 825 OF 2025
WITH
WRIT PETITION NO. 1476 OF 2025
WITH
INTERIM APPLICATION (L) NO. 24442 OF 2025
IN
WRIT PETITION NO. 1476 OF 2025
WITH
WRIT PETITION NO. 1676 OF 2025
WITH
WRIT PETITION NO. 2920 OF 2026
WITH
INTERIM APPLICATION (L) NO. 30296 OF 2026
WITH
WRIT PETITION NO. 2881 OF 2026
WITH
INTERIM APPLICATION (L) NO.30549 OF 2026
IN
WRIT PETITION NO. 2881 OF 2026
REKHA WITH
PRAKASH WRIT PETITION (L) NO.10533 OF 2026
PATIL
Digitally signed
by REKHA
PRAKASH PATIL
Date: 2026.09.11
11:05:47 +0530
Page 1 of 14
06-WP-1958-2026.DOC
WITH
INTERIM APPLICATION (L) NO.30803 OF 2026
WITH
INTERIM APPLICATION (L) NO.12828 OF 2026
IN
WRIT PETITION (L) NO.10533 OF 2026
WITH
WRIT PETITION NO.2735 OF 2026
WITH
INTERIM APPLICATION NO. 2874 OF 2026
WITH
INTERIM APPLICATION (L) NO.19867 OF 2026
WITH
INTERIM APPLICATION NO. 2871 OF 2026
IN
WRIT PETITION NO.2735 OF 2026
WITH
WRIT PETITION NO. 2728 OF 2026
WITH
INTERIM APPLICATION NO. 4601 OF 2026
WITH
INTERIM APPLICATION NO. 2870 OF 2026
WITH
INTERIM APPLICATION NO. 2873 OF 2026
IN
WRIT PETITION NO. 2728 OF 2026
WITH
WRIT PETITION NO. 1862 OF 2021
WITH
INTERIM APPLICATION NO. 125 OF 2021
IN
WRIT PETITION NO. 1862 OF 2021
WITH
WRIT PETITION NO. 762 OF 2021
WITH
INTERIM APPLICATION NO. 146 OF 2021
IN
Page 2 of 14
06-WP-1958-2026.DOC
WRIT PETITION NO. 762 OF 2021
WITH
WRIT PETITION NO.2738 OF 2026
WITH
INTERIM APPLICATION (L) NO. 19942 OF 2026
WITH
INTERIM APPLICATION NO. 2945 OF 2026
IN
WRIT PETITION NO.2738 OF 2026
WITH
WRIT PETITION (L) NO.13447 OF 2026
WITH
WRIT PETITION NO. 2936 OF 2026
WITH
WRIT PETITION NO.3669 OF 2026
WITH
WRIT PETITION NO. 2612 OF 2026
WITH
INTERIM APPLICATION (L) NO. 19871 OF 2026
WITH
INTERIM APPLICATION NO. 2941 OF 2026
IN
WRIT PETITION NO. 2612 OF 2026
WITH
WRIT PETITION (L) NO. 14476 OF 2026
WITH
WRIT PETITION (L) NO. 14556 OF 2026
WITH
WRIT PETITION (L) NO.14611 OF 2026
WITH
WRIT PETITION (L) NO.14631 OF 2026
WITH
WRIT PETITION (L) NO.14655 OF 2026
WITH
WRIT PETITION NO. 2593 OF 2026
WITH
INTERIM APPLICATION (L) NO. 19868 OF 2026
WITH
INTERIM APPLICATION (L) NO. 14682 OF 2026
Page 3 of 14
06-WP-1958-2026.DOC
IN
WRIT PETITION NO. 2593 OF 2026
WITH
WRIT PETITION NO.3675 OF 2026
WITH
WRIT PETITION (L) NO.14736 OF 2026
WITH
WRIT PETITION (L) NO.14846 OF 2026
WITH
WRIT PETITION (L) NO. 14902 OF 2026
WITH
WRIT PETITION NO. 3816 OF 2026
WITH
INTERIM APPLICATION NO. 4814 OF 2026
IN
WRIT PETITION NO. 3816 OF 2026
WITH
WRIT PETITION NO.2847 OF 2026
WITH
INTERIM APPLICATION (L) NO. 29547 OF 2026
IN
WRIT PETITION NO. 2847 OF 2026
WITH
WRIT PETITION NO. 3601 OF 2026
WITH
WRIT PETITION NO. 3659 OF 2026
WITH
WRIT PETITION NO. 2957 OF 2026
WITH
WRIT PETITION NO. 3229 OF 2026
WITH
WRIT PETITION NO. 4148 OF 2026
WITH
INTERIM APPLICATION (L) NO. 19889 OF 2026
WITH
INTERIM APPLICATION NO. 3051 OF 2026
IN
WRIT PETITION NO. 4148 OF 2026
WITH
WRIT PETITION NO. 2850 OF 2026
WITH
Page 4 of 14
06-WP-1958-2026.DOC
WRIT PETITION NO. 2519 OF 2026
WITH
WRIT PETITION (L) NO.16307 OF 2026
WITH
WRIT PETITION (L) NO.16357 OF 2026
WITH
WRIT PETITION NO. 3825 of 2026
WITH
WRIT PETITION (L) NO.16484 OF 2026
WITH
WRIT PETITION NO.2298 OF 2026
WITH
WRIT PETITION (L) NO.16553 OF 2026
WITH
WRIT PETITION (L) NO.17133 OF 2026
WITH
WRIT PETITION NO. 2681 OF 2026
WITH
WRIT PETITION NO. 2700 OF 2026
WITH
INTERIM APPLICATION NO. 3789 OF 2026
IN
WRIT PETITION NO. 2700 OF 2026
WITH
WRIT PETITION NO. 3664 OF 2026
WITH
WRIT PETITION NO. 3234 OF 2026
WITH
WRIT PETITION (L) NO.19764 OF 2026
WITH
WRIT PETITION (L) NO.19803 OF 2026
WITH
WRIT PETITION NO. 3682 of 2026
WITH
WRIT PETITION NO. 3670 of 2026
WITH
WRIT PETITION (L) NO.19912 OF 2026
WITH
WRIT PETITION NO. 3978 OF 2026
WITH
WRIT PETITION (L) NO.21942 OF 2026
Page 5 of 14
06-WP-1958-2026.DOC
WITH
WRIT PETITION (L) NO.23042 OF 2026
WITH
WRIT PETITION NO. 3483 OF 2026
WITH
WRIT PETITION NO. 4077 OF 2026
WITH
WRIT PETITION (L) NO. 26717 OF 2026
WITH
WRIT PETITION (L) NO. 26747 OF 2026
WITH
WRIT PETITION NO. 4021 OF 2026
WITH
WRIT PETITION NO. 4991 OF 2024
WITH
WRIT PETITION NO. 5211 OF 2024
WITH
WRIT PETITION NO. 5153 OF 2024
WITH
WRIT PETITION NO. 5150 OF 2024
WITH
WRIT PETITION NO. 5121 OF 2024
WITH
WRIT PETITION NO. 5102 OF 2024
WITH
WRIT PETITION NO. 5171 OF 2024
WITH
WRIT PETITION NO. 73 OF 2025
WITH
(APPELLATE SIDE)
WRIT PETITION NO. 5512 OF 2026 (SR.NO.7)
Viraj Profiles Pvt Ltd …Petitioners
Versus
State of Maharashtra and Anr. …Respondents
WITH
WRIT PETITION NO.15978 OF 2025
WITH
WRIT PETITION NO.16093 OF 2025
WITH
Page 6 of 14
06-WP-1958-2026.DOC
WRIT PETITION NO.5569 OF 2026
WITH
WRIT PETITION NO.5570 OF 2026
with
INTERIM APPLICATION NO. 4977 OF 2026
IN
WRIT PETITION NO.5570 OF 2026
WITH
WRIT PETITION NO.5752 OF 2026
WITH
WRIT PETITION NO. 5614 OF 2026
WITH
WRIT PETITION NO. 5753 OF 2026
with
INTERIM APPLICATION (ST) NO. 22229 OF 2026
IN
WRIT PETITION NO. 5753 OF 2026
WITH
WRIT PETITION NO. 5754 OF 2026
WITH
WRIT PETITION NO.6487 OF 2026
WITH
WRIT PETITION NO.7373 OF 2026
WITH
WRIT PETITION NO. 7138 OF 2026
WITH
WRIT PETITION NO. 7870 OF 2026
WITH
WRIT PETITION NO. 8531 OF 2026
WRIT PETITION NO. 7340 OF 2026 (SR.NO.8)
WITH
WRIT PETITION NO. 6834 OF 2026
M/S. Garware Technical Fibers …Petitioners
Limited ( Formerly M/S. Garware Wall Ropes
Ltd. ) And Anr.
Versus
Jindal Saw Limited Thr. Its Authorized …Respondents
Representative Sunil K. Jain & Ors.
Page 7 of 14
06-WP-1958-2026.DOC
WITH
WRIT PETITION (L) NO. 27880 OF 2026 (SR.NO. 501)
WITH
INTERIM APPLICATION (L) NO. 31041 OF 2026
IN
WRIT PETITION NO. 1958 OF 2026
WITH
WRIT PETITION NO. 4200 OF 2026 (SR.NO.32)
WITH
WRIT PETITION (L) NO. 29047 OF 2026 (SR.NO.36)
Ms. Monika Tanna a/w Adv. Dhara Modi with Adv. Nandita Dethe
i/b. Singhania Legal Services for Petitioner in WP/3978/2026.
Ms. Ragini Singh with Adv Mihir Rathod i/b Think Law, Advocates
for the Petitioner in WP(L)/21942/2026.
Ms. Meghna Talwar with Ms. Janhavi Hirlekar for the Petitioner in
WP/3601/2026.
Adv. Astha Sharma with Adv. Sangeeth Narayanan, Adv. Monalika
Chaudhary, Neeti Niyaman i/b. Sangeeth Narayanan for the
Petitioners in WP/3669/2026, WP(L)/14476/2026,
WP(L)/14655/2026, WP/3229/2026, WP(L)/17133/2026,
WP/2681/2026, WP/3234/2026, WP(L)/19764/2026,
WP/3682/2026, WP/3670/2026, WP(L)/19912/2026,
WP(L)/23042/2026, WP/2936/2026, WP(L)/16307/2026.
Mr. Shanay Shah a/w Mr. Jay Zaveri, Ms. Rhea Parkash with Mr.
Ujjwal Batra i/b. Crawford Bayley & Co. For the Petitioner in
WP/3483/2026.
Mr. Aditya Joshi i/b. Acara Law LLP for Petitioners in
WP/2957/2026.
Ms. Dipali Sheth a/w Mr. Shubham Mehta, Mr. Sonesh Jain, Mr.
Hrushik Gole, Ms. Raashi Oswal and Mr. Ronit Dhanphole i/b.
Eternity Legal for Petitioner in WP/2728/2026, WP/2738/2026,
WP/2612/2026, WP/4148/2026, WP/2593/2026,
WP/2700/2026, WP/2735/2026.
Adv. Subir Kumar a/w Adv. Ashita Agarwal i/b. SDS Advocates for
Petitioner in WP/3659/2026.
Ms. Kamini Pansare i/b VM Legal for Petitioner in
WP(L)/14736/2026.
Mr. Anukul Seth for Petitioner in WP (L)/19803/2026.
Mr. Vishrav Mukherjee a/w Mr. Ameya Mishra for the Petitioner in
Page 8 of 14
06-WP-1958-2026.DOC
WP(L)/14631/2026,WP(L)/14902/2026 and WP(L)/14631/2026.
Ms. Rashika Bajpai and Ms. Sakshi Kapadia i/by Khaitan & Co., for
the Petitioner in WP/4077/2026 .
Mr. Janak Dwarkadas, Sr. Advocate with Ms. Shilpa Jain, Mr.
Kunal Kaul, Mr.. Malcolm Desai, Ms.Reet Nagpal i/b J Sagar and
Assoicates for the Petitioner in WP/1958/2026 and for the
Applicant in IA(L)/12768/2026 and IA(L)/31041/2026.
Mr. Kunal Kaul with Ms.Reet Nagpal i/b J Sagar and Assoicates for
the Petitioner in WP/3664/2026, WP(L)/13447/2026,
Mr. Kunal Kaul with Mr. Malcolm Desai, Ms.Reet Nagpal i/b J
Sagar and Assoicates for the Petitioner in WP/2920/2026,
WP/2881/2026 and Applicant in IA(L) 30296/2026,
IA(L)30549/2026.
Mr. Birendra Saraf, Sr. Advocate with Mr. Kunal Kaul, Mr. Malcolm
Desai, Ms.Reet Nagpal i/b. J Sagar and Assoicates for the
Petitioner in WP(L)/10533/2026 and Applicant in
IA(L)30803/2026.
Mr. Zeeshan Farooqui with Ms. Disha Mehta with Mr. Varun Dhond
with Mr. Mohit Sahani i/f. Kingstubb and Kasiva for the Petitioner
in WP(L)/26717/2026 and WP(L)/26747/2026.
Adv. Ratnakar Singh, for Respondent No. 1 in all the Writ Petitions
of Sr. No. 6.
For Respondent-State
Smt, Jyoti Chavan – Addl.GP in WP/1958/2026, IAL/12768/2026,
WPL/14736/2026, WPL/26717/2026, WP/3601/26,
WPL/16553/2026, WP/3669/26, WPL/23042/26.
Smt, Usha Rahi – AGP, WPL/10536/2026, IAL/30803/26
WP/2735/2026, IAL/ 12828/2026, WPL/21942/26
IA/2874/2026, IAL/19867/26, IA/2829/26.
Smt, Anupamaa Pawar-AGP, WP/2728/2026, IA/ 4601/2026
IA/2870/2026, IA/2873/26.
Shri, Vikrant Parashurami – AGP, WP/2738/2026, WP/3825/2026
IAL/19942/2026.
Shri, Himanshu Takke-AGP, WPL/13447/2026, WP/1744/21,
WP/762/21, IA/146/21, WP/2957/26.
Smt, Anjali Helekar- GP, WP/2936/2026, WP/5171/24
WP/3601/2026, WP/2298/2026.
Shri, Manish Upadhye-AGP, WP/2936/2026, WPL/14902/2026,
WP/3229/26, WP/2519/2026, WP/2850/2026,WPL/17133/2026,
WP/2700/2026, IAL/3779/2026, WP/3978/2026.
Page 9 of 14
06-WP-1958-2026.DOC
Shri. Amar Mishra -AGP, WP/2681/2026.
Shri. Vishal Thadani-Addl-GP, WP/2612/2026, IAL/19871/2026,
WP/3659/2026.
Shri, Dipesh Siroya AGP, WPL/14476/2026, WP/3682/2026.
Shri, Mohit Jadhav-AddI-GP, WPL/14556/2026, WPL/14655/2026,
WP/73/2025.
Shri, Nishigandh Patil – AGP, WPL/14611/2026, WP/3664/2026,
WP/5121/2024.
Smt. Rita Joshi-AGP, WPL/14631/2026.
Shri Prashant Kamble – AGP, WP/2993/9026 , IAL/ 19868/2126,
IAL/14682/2026, WPL 16484/2026.
Shri Suraj Gupte – AGP, WP/5171/2024, WPL 16357/2026
WP/3816/2026 WP/5102/2024.
Shri, Akshay Patkar – AGP, WP/2847/2026, IAL/29547/2026,
WPL/19912/2026.
Smt Sheetal Malvankar AGP, WP/4148/2026, IA /3051/26
IAL/19889/2026, WP/2850/2026, WP/5153/2024.
Shri, Milind More – Addl-GP, WPL/16307/2026 , WP/1862/2021,
IA/125/2021 , Writ Petition /4077/2026.
smt, Varsha Sawant-AGP, WP/1476/2026 IAL/24442/2025
WPL /16553/2026 WP/4991/2024.
Shri, Rakesh Pathak-AGP, WP/825/2025 & WP/3234/2026.
Smt, Gauri Sawant –AGP, WPL/19764/2026.
Smt, Madhura Deshmukh – AGP, WP/3670/2026.
Smt, Nazia Sheikh – AGP, WPL/26717/26, WPL/26747/2026.
Shri, Shyamrao Gore – AGP, WP/5150/2024.
Smt, Vrushali Kabre – AGP, WP/5211/24, WP/2920/2026,
IAL/30296/2026.
SR. NO. 7 WP/5512/2926 with connected matters.(AS)
Mr. Kunal Kaul with Ms.Reet Nagpal i/b. J Sagar and Assoicates
for the Petitioner in WP/5512/2026, WP/6487/2026,
WP/5754/2026, WP/5752/2026, WP/5614/2026.
Mr. Sanket S. Bora a/w Ms. Vidhi K. Punmiya with Mr. Amiya R.
Das i/b. SPCM Legal for the Petitioner in WP/7138/2026.
Mr. Malcolm Desai with Mr. Kunal Kaul, Ms.Reet Nagpal i/b. J
Sagar and Assoicates for the Petitioner in WP/5753/2026.
Mr. Kunal Kaul with Mr. Malcolm Desai, Ms.Reet Nagpal i/b. J
Sagar and Assoicates for the Petitioner in WP/8531/2026.
Mr. Vikramaditya Deshmukh with Mr. Amey Nabar, Mr. Gaurav
Thakur and Ms. Aditi Kambli i/b A. S. Dayal and Associates for the
Petitioner in WP/5569/2026.
Page 10 of 14
06-WP-1958-2026.DOC
For the Respondnets
Mr. Jitendra B. Mishra, a/w Mr. Ashutosh Misra, for the
Respondent No. 1 and 4 in WP/16093/2025, WP/15978/2025.
Mr. Abhishek R Mishra i/b. Ms. Neeta Masurkar , for the
Respondent No. 2 and 3 in WP/16093/2025, WP/15978/2025.
Adv. Anjan Dasgupta with Adv. Rimali Batra with Adv. Sayalee
Dolas i/b. DSK Legal for Respondent in WP/5512/2026 and
WP/5569/2026.
For Respondent-State.
Smt. Neha S. Bhide GP a/w D. A. Chandurkar, Addl. G. P. , D. P.
Kamble AGP for Respondent-State in WP/5512/2025,
WP/15978/2025, WP/16093/2025, WP/5569/2026.
Smt. Neha Bhide GP a/w Kavita Solunke, Addl. GP , G. R.
Raghuvanshi AGP for Reposndent – State in WP/5570/2026,
IA/4977/2026 in WP/5752/2026, WP/5614/2026.
Smt. Neha S. Bhide, GP a/w P. P. Kakade, Addl. GP, P. M. J.
Deshpande AGP for Respondent -State in WP/5753/2026,
IAST/22229/2026 in WP/5754/2026, WP/ 6487/2026.
Smt. Neha S. Bhide GP a/w Shruti D. Vyas, Addl. GP , A. R.
Deolekar AGP for Respondent -State in WP/7373/2026,
WP/7138/2026, WP/7870/2026, WP/8531/2026.
Sr. No. 8 – WP/7340/2026 WITH WP/6834/2026(AS)
Mr. Kunal Kaul with Ms.Reet Nagpal i/b. J Sagar and Assoicates
for the Petitioner in WP/7340/2026.
Mr. Malcolm Desai with Mr. Kunal Kaul, Ms.Reet Nagpal, Ms.
Akanksha Tanvi i/b. J Sagar and Assoicates for the Petitioner in
WP/6834/2026.
Smt Shruti Vyas Addl.GP a/w Smt. P. J. GAvhane AGP for
Rspondent/ State in WP/7340/2026 with WP/6834/2026.
SR No. 6, Sr. No. 32 – WP/4200/2026 (OS)
Sr. No. 36 – WP(L)/29047/2026 (OS)
Mr. Pranaav Gupta with Mr. Tanmay Bhave with Rahi Jain and Mr.
C. Keswani i/b Economic Laws Practice for the Petitioner in
WP/4200/26 WP(L)/29047/26, WP/2850/26, WP/2519/2026 ,
WP/3816/26 , IA/4814/26, WP/2847/2026, IA(L)/29547/26.
Ms. Jyoti Chavan , Addl. GP with Mr. Yugandhara Khanwilkar, AGP
for State in WP/4200/2026.
Mr. Vishal Thadhani, Addl GP with Nazia Sheikh , AGP for State in
WP(L)/29047/2026.
Page 11 of 14
06-WP-1958-2026.DOC
Ms. Vrushali Kabre , AGP for the State in WP(L)/27880/2026.(Sr.
No. 501)
Ms. Jyoti Chavan, Addl. GP for State in IA(L)/31041/26 in
WP/1958/2026. (Sr. No. 502)
Sr. No. 6 – WP/1958/2026 with WP/2920/2026 (OS)
Mr. Anjan Dasgupta with Ms. Rimali Batra a/w Ms. Sayalee Dolas
i/b DSK Legal for Respondent in MSEDCL in Sr. No. 6.
Mr. Arnav Ashtikar i/b DSK Legal for Respondent in MSEDCL in Sr
No. 6.
Mr. Anand Shirastava with Mr. Shivam Sinha with Mr. Smit Shah
for Respondent No. 6.
Mr. Shreyshth Sharma with Mr. Suhael Buttan, and Mr. Ashirwad
Sapre with Ms. Meghranjani Chandu for Respondent in
WP(L)/14611/2026.
Ms. Nikita Jacob i/b KP Law Associates LLP, for the Respondent
No.2 (MSEDCL) in WPL/14631/2026, WPL/14611/2026,
WPL/14846/2026, WPL/13447/2026, WPL/14902/2026,
WPL/14476/2026, WPL/21942/2026, for the Respondent
No.3(MSEDCL) in WPL/14556/2026, WPL/14655/2026, for the
Respondent No.2 (MSEDCL) in WP/5512/2026, WP/5614/2026,
WP/5753/2026, WP/5754/2026,
__________________________
CORAM: SUMAN SHYAM &
ADVAIT M. SETHNA, JJ.
DATED: 7th SEPTEMBER, 2026.
PC:-
1. Heard Mr. Janak Dwarkadas, learned Senior Counsel, Mr.
Kunal Kaul, learned Counse, Dr. Birendra Saraf, learned Senior
Counsel and Mr. Pranaav Gupta, learned Senior Counsel
appearing for the respective Applicants in IA (L) No. 31041/2026,
IA(L) No. 30549/2026, IA(L) No. 30296/2026, IA(L) No.
30803/2026, IA No. 4814/2026 and IA No. 29547/2026. Also
heard Ms. Jyoti Chavan, Addl. G. P. appearing for the State in these
Interim Applications.
Page 12 of 14
06-WP-1958-2026.DOC
2. These Interim Applications have been filed with a prayer to
amend the respective Writ Petitions so as to bring on record certain
subsequent developments that has taken place in these matters.
3. Ms. Jyoti Chavan, learned Addl. G.P. appearing for the
Respondent-State, submits that she would have no objection if the
prayer for amendment is allowed. However, the State be granted
liberty to file composite reply in the amended Writ Petitions by
granting four weeks time. Similar prayer is made by Ms. Nikita
Jacob, learned Counsel appearing for the Respondent-MSEDCL.
4. Having regard to the statements made in the Interim
Applications and the stand of the Respondents, the prayer for
amendment stand(s) allowed.
5. Amendment be carried out in the respective Writ Petitions in
terms of the projections made in the Applications, within one week
from the date of up-loading of the order. Re-verification would
stand dispensed with.
6. The Petitioner(s) to furnish amended copy of the Writ
Petitions to the Respondents so as to enable them to file composite
reply.
7. Four weeks’ time is grated to the Respondents to file reply.
The Petitioner (s) would be at liberty to file rejoinder within four
weeks thereafter.
8. Interim Applications stand disposed of accordingly.
Page 13 of 14
06-WP-1958-2026.DOC
WRIT PETITION NO. 4200 OF 2026 (SR.NO.32)
WITH
WRIT PETITION (L) NO. 29047 OF 2026 (SR.NO.36)
9. Mr. Pranaav Gupta, learned Counsel appearing for the
Petitioner in Writ Petition Nos. 4200 of 2026 and Writ Petition (L)
No. 29047 of 2026 (Sr.Nos. 32 & 36, respectively) submits that the
issue involved in these Writ Petitions is pertaining to applicability
of tax on sale of electricity to the captive consumers. The issue is
subjudice in several Writ Petitions pending before this Court
wherein, interim order of protection is operating. As such, the
matter be clubbed together and similar ad-interim be passed in
these cases as well.
10. In view of the above, issue notice returnable after eight
weeks. Ms. Jyoti Chavan, learned Addl. GP waives service of notice
on behalf of the Respondent-State.
11. The interim orders operating in the connected Writ Petitions
to operate in the present Writ Petitions as well. However, the
Respondents would be at liberty to reflect the amount of tax
component in the successive bills without, however, initiating any
coercive action in respect thereof.
WRIT PETITION NO. 1958 OF 2026 ALONG WITH ALL
CONNECTED WRIT PETITIONS
12. List the Writ Petitions along with connected matters for
hearing on 2nd November, 2026, at 3-00 p.m.
13. Interim order, passed earlier, to continue.
(ADVAIT M. SETHNA, J.) (SUMAN SHYAM, J.)
{
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