New Delhi: Dabhol Power Company (DPC), promoted by US major Enron, and Maharashtra State
Electricity Board (MSEB) on may 5 agreed to freeze their disputes before Electricity Regulatory
Commission and foreign arbitrators to await the verdict of the Supreme Court on the jurisdiction issue.
A Bench comprising Justice Y K Sabharwal and Justice H K Sema passed an order to this effect after
both DPC and MSEB gave their consent in writing to passing of a common order to this
effect.
The consent order was passed on a petition filed by DPC challenging a Bombay High Court order
holding that Maharashtra Electricity Regulatory Commission (MERC) had exclusive jurisdiction to decide
disputes between DPC and MSEB over payment dues.
DPC had closed its operations in India nearly one-and-half years back due to differences between
MSEB and Enron over the price to be paid by the state Board to the promoter on purchase of power.
It was agreed by both the parties that till the apex court decided on the jurisdiction issue, the MERC
would not pass any further orders on the application filed by MSEB.
However, all interim orders passed by the MERC would continue to operate, the agreement
said.
"Equally, during that time, the arbitration proceedings which have been initiated by DPC against MSEB
shall not proceed," it said.
Significantly, the DPC said it would not enforce the LC No. 39 of 1999, which it had threatened to invoke
to compensate it for the dues from Maharashtra government.
PTI