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June 11, 2001
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'DPC petition premature'

BS Regional Bureau

The Dabhol Power Company writ petition challenging the jurisdiction of the Maharashtra Electricity Regulatory Commission to adjudicate upon its present disputes, is viewed by political observers as a premature move.

A senior state government official told Business Standard, "The MERC will rule on Thursday whether it has the jurisdiction over the disputes. Logically, the high court should have been moved if and when the MERC gave a clear ruling stating that it had the jurisdiction to adjudicate."

MERC in its interim order issued on May 29 noted: "After carefully considering the submissions of both the parties the commission is prima facie of the view that it has jurisdiction to adjudicate upon the present disputes. However, a final decision on the question of jurisdiction would be take only after hearing the respondents on the next date." The next date was fixed on June 14.

According to legal experts, the HC would have been in a better position to take up the issue if MERC gave an unequivocal opinion stating it had jurisdiction to adjudicate upon present MSEB-DPC disputes.

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