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HC adjourns DPC case to Sept 10

US energy major Enron's Dabhol Power Company on Monday moved the Bombay high court citing 'bias' by Maharashtra Electricity Regulatory Commission as an additional ground in its petition for deciding whether the regulator had jurisdiction to adjudicate its $48 million payment dispute with Maharashtra State Electricity Board.

In a related development, a consortium of DPC's international lenders, who have lent $444 million for the 2184 MW project filed an application to intervene in the matter.

Justices Ajit Shah and Sharad Bobde adjourned the matter to September 10 as MSEB sought time to reply to DPC's chamber summons on alleged bias as well as intervention application.

DPC has alleged in its petition that MERC member Jayant Deo had on several occasions espoused views, which were highly critical of the power project and the PPA.

It has also raised objection over MERC's jurisdiction alleging Deo's connection with Mumbai Grahak Panchayat, an anti-Enron consumer body.

Deo, who was research director with the Grahak Panchayat, had said in a release on January 23, 1994, that the PPA was 'patently illegal' and it should be revised, the court was told.

"The criticisms made in that release were expressed in trenchant terms and leave no room for any possible misunderstanding or misconstruction," DPC said.

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