Trilegal Advises NSEFI, DISPA in Bombay HC Win Restoring 17-Hour RE Banking

Trilegal successfully represented the National Solar Energy Federation of India (NSEFI) and the Distributed Solar Power Association (DISPA) before the Bombay High Court, securing a major victory for renewable energy developers in Maharashtra.

The Court set aside the Maharashtra Electricity Regulatory Commission’s (MERC) Review Order dated June 25, 2025, which had restricted solar energy banking to 'solar hours' (9 a.m. to 5 p.m.), effectively nullifying operational flexibility for developers. The Judgment dated November 3, 2025 restores the previous 17-hour banking window and directs MERC to revisit the matter through a transparent, consultative process.

By striking down MERC’s unilateral amendment without stakeholder consultation, the Court reaffirmed that any revision to tariff or banking frameworks must follow due public procedure under the Electricity Act, 2003 and MERC’s own regulations.

“This judgment safeguards regulatory predictability for renewable energy projects and reinforces judicial oversight over arbitrary regulatory actions,” said Vishrov Mukerjee, Partner at Trilegal, who led the dispute resolution team.

The decision provides much-needed relief to developers who had planned, financed, and contracted their projects based on the earlier banking framework. The restriction, if allowed, could have exposed developers to termination risks, open access disruption, captive status loss, and potential surcharges.

Trilegal’s representation, supported by Counsels Pratyush Singh and Hridhay Khurana, Senior Associate Damodar Solanki, and Associates Garima Adlakha and Arnav Bhansali, ensures continuity and confidence for the renewable energy ecosystem in Maharashtra and sets a strong precedent for other state regulators.