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Maharashtra State Electricity Distribution Company Ltd. V. Maharashtra Electricity Regulatory Commission

Electricity Act 2003 – Late Payment Surcharge (LPS) – Maharashtra Electricity Regulatory Commission (MERC) acted within the scope of its power of regulatory supervision in directing the Appellant to make payment of LPS within the time stipulated in the order of MERC. The Appellate Tribunal for Electricity (APTEL) rightly upheld the direction. In any case, such a direction cannot be interfered with in exercise of powers under Section 125 of the Electricity Act which corresponds to the power of Second Appeal under Section 100 of the CPC, since the sine qua non for entertaining an appeal is the existence of a substantial question of law.