Bombay High Court
Liebherr Cmc Tech India Pvt Ltd vs The State Of Maaharashtra Thr Its ... on 12 March, 2026
Author: B. P. Colabawalla
Bench: B. P. Colabawalla
2026:BHC-AS:12480-DB
18.wp.6987.2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.6987 OF 2024
Liebherr CMC tec India Pvt Ltd .. Petitioner
Versus
The State of Maharashtra & Ors. .. Respondents
Mr.Pavan Uttarwal, Advocate for the Petitioner.
Digitally
signed by
Mr.Sharad Bansal a/w Dipali Sheth, Sonesh Jain, Mohil
UTKARSH
UTKARSH KAKASAHEB
KAKASAHEB BHALERAO
BHALERAO Date:
Mudliar i/b Eternity Legal, Advocates for Respondent No.4
2026.03.13
18:13:54
+0530
(JVS Comatsco Industries Pvt Ltd).
Ms.Shruti Vyas, Addl. G.P. a/w R. S. Pawar, AGP for
State/Respondents.
Ms.Kinjal Khandelwal i/b Eternity Legal, Advocate for
Respondent No.3.
CORAM : B. P. COLABAWALLA &
FIRDOSH P. POONIWALLA, JJ.
DATE : MARCH 12, 2026
P. C.
1. The above Writ Petition is filed seeking a declaration that the proviso to clause 10 in Circular No.30011 dated 20 th December 2018 is ultra vires clause 2.1(g) and 3.3.5 of the Maharashtra Electricity Regulatory Commission Supply Code Regulations, 2005 or in the alternative the same be declared as not applicable to the Petitioner. Page 1 of 2
MARCH 12, 2026 Utkarsh ::: Uploaded on - 13/03/2026 ::: Downloaded on - 13/03/2026 22:34:57 :::
18.wp.6987.2024.doc
2. It transpires that in several other matters, the said circular has in fact been quashed by the MERC. Thereafter, the MERC Supply Code Regulation 2005 have in fact been substituted by MERC Supply Code Regulation of 2021. Once these are the facts we find that the challenge in this Writ Petition has become academic. The Writ Petition is accordingly disposed of.
3. We may clarify that we have not opined on the merits of the matter.
4. This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order. [FIRDOSH P. POONIWALLA, J.] [B. P. COLABAWALLA, J.] Page 2 of 2 MARCH 12, 2026 Utkarsh ::: Uploaded on - 13/03/2026 ::: Downloaded on - 13/03/2026 22:34:57 :::