Powering a Sustainable Future

The world is rapidly moving towards renewable energy. This shift involves a massive increase in investment in technologies like solar, wind, and hydropower, as well as the development of new solutions such as battery storage, electric vehicles, and green hydrogen. India's energy sector is one of the most diversified in the world and is at the forefront of this global transition.

Navigate Complexity with Clarity in India's Dynamic Energy Landscape

At Khare Legal, we understand that the energy sector is the engine of India's growth. As the nation transitions towards a cleaner, more sustainable future, the legal and regulatory landscape is becoming increasingly complex. Whether you are a project developer, an investor, a utility company, or an innovator, you need a legal partner who understands the nuances of this evolving market.

Our Expertise; Your Advantage

As one of the few law firms in India with a dedicated energy law practice, we offer a comprehensive, one-stop shop for all your legal needs. Our team of experienced professionals offers an unparalleled depth of knowledge across the entire energy value chain, from conventional power generation to cutting-edge renewable technologies. We help you navigate the challenges and seize the opportunities of India’s energy future.

We work across the following areas of the energy sector:

Electricity

In India, aspects of the electricity sector are governed by the Electricity Act of 2003, with the National Electricity Policy providing overarching guidance. This framework controls tariffs, as well as the generation, transmission, and distribution of power. Our expertise covers a wide range of areas, including:

• Thermal
• Co-generation
• Biomass
• Captive Power
• Wind Energy
• Hydropower

To support this growth, India permits 100% Foreign Direct Investment (FDI) in electricity generation, transmission, and distribution projects (excluding nuclear power plants), with no limitations on project size or investment quantum.

Petroleum

The petroleum sector's three main verticals are oil, gas, and coal bed methane. India presents significant opportunities for onshore and offshore exploration and production across these verticals. The downstream segment also offers extensive opportunities in petroleum and gas distribution, with the country actively expanding its city gas distribution network.

Be at the forefront of sustainable development with Renewable Energy

The world is rapidly moving towards renewable energy. This shift involves a massive increase in investment in technologies like solar, wind, and hydropower, as well as the development of new solutions such as battery storage, electric vehicles, and green hydrogen. India's energy sector is one of the most diversified in the world and is at the forefront of this global transition.

Solar

From utility-scale solar farms to rooftop installations, we provide strategic counsel on every aspect of solar energy projects. Our expertise covers land acquisition and due diligence, power purchase agreements (PPAs), regulatory compliance with central and state policies, and dispute resolution. We help you capitalize on the sun's potential with a strong legal foundation.

Wind

Harness the power of the wind with our specialized legal support. Our services for wind energy projects include advising on onshore and offshore wind policies, structuring project finance, negotiating EPC (Engineering, Procurement, and Construction) contracts, and navigating grid connectivity issues. We ensure your wind projects are legally sound and ready to generate.

Battery Storage

As the grid becomes more reliant on intermittent renewable sources, battery storage is critical. We provide legal guidance on the development, financing, and operation of standalone and co-located battery energy storage systems (BESS). Our team helps you navigate the new legal frameworks for energy storage, including licensing, ancillary services, and viability gap funding schemes.

Green Hydrogen

India's National Green Hydrogen Mission is creating a new frontier in the energy sector. We are at the forefront, advising clients on legal and regulatory issues related to the production, storage, and transport of green hydrogen. Our services include drafting and negotiating contracts, ensuring compliance with evolving policies, and structuring joint ventures to unlock the full potential of this clean fuel.

Cogeneration

We offer specialized legal support for cogeneration projects, which are essential for improving energy efficiency in industrial processes. Our expertise includes advising on captive power plant regulations, drafting and reviewing PPAs for surplus power, and resolving regulatory and commercial disputes. We help you maximize energy efficiency while ensuring legal and regulatory adherence.

The power of precision for petroleum

In the complex world of petroleum, you need more than just legal guidance, you need an edge. We provide a complete suite of advisory services for both upstream and downstream activities. From the initial search for energy to the final delivery, we’re there.

And when it's time to expand, we're ready. Our expertise covers the entire lifecycle of an acquisition, from finding the right asset to integrating it seamlessly into your business.

We don't just help you bid; we help you win. Our bid advisory service covers everything from evaluation and structuring to tax due diligence and exit strategies. It’s a complete solution designed for success.

Our track record speaks for itself. We've advised leading companies like Cairn Energy on their Production Sharing Contracts in India, helping them secure their future.

We focus on the details so you can focus on the bigger picture. Because in this industry, the right advice isn't just an advantage - it's everything.

Where we come into the picture

As one of the few law firms in India with a dedicated energy law practice, we offer a comprehensive, one-stop shop for all your legal needs. Our services span a wide spectrum, including:

• Corporate Advisory
• Corporate Finance
• Regulatory advice and litigation
• Transactional support and contract bidding
• Private equity and capital markets
• Technical analysis
• Competition law/anti-trust
• Labour, employment, and real estate advisory

Our clients include multinational corporations, leading domestic companies, and high-net-worth individuals. We represent clients involved in distribution, generation, and transmission across both conventional and non-conventional power segments.

Our Experience

• Lead counsel and advisor for Maharashtra’s first Municipal Solid Waste to Energy Project (W2E) in the Pimpri Chinchwad Municipal Corporation. Inaugurated by the Hon’ble Prime Minister on 01 August 2023.
• Counsel and advisor to the 7,000 MW (7 GW) Solar project under the PM KUSUM Scheme for the State of Maharashtra.
• Initiated action on behalf of Reliance Naval against Fluid Power Equipment’s USA for non-delivery of equipment amounting to a USD 2 million claim.
• Represented Maharashtra State Electricity Distribution Company Limited before the Hon’ble Maharashtra Electricity Regulatory Commission for the case filed by ACME Heergarh Powertech Pvt. Ltd. seeking directions to MSEDCL to not levy penalty for shortfall in generation for FY 2022-23 due to force majeure events.
• Represented and defended Maharashtra State Electricity Distribution Company Limited before the Hon’ble Maharashtra Electricity Regulatory Commission for the case filed by Balkrishna Sizing Industries and Tejas Sizzers for the payment of surplus energy which was injected in the grid of MSEDCL.
• Representing Maharashtra State Electricity Distribution Company Limited before the Hon’ble Bombay High Court in an Appeal filed against Vithalnagar Cooperative Housing Society challenging the validity of an order passed by the Ld. Single Judge in Originating Summons whereby the open spaces upon completion of the project was to be transferred to the local authorities.
• Represented and defended Maharashtra State Electricity Distribution Company Limited before the Hon’ble Maharashtra Electricity Regulatory Commission for the case filed by Avaada Energy Pvt. Ltd. MSEDCL inter alia seeking directions for executing the Power Purchase Agreement (PPA)pursuant to the adoption of tariff by the Commission vide its Order dated 15 May 2020 and Letter of Award (LoA) dated 17 June 2020.
• Drafted a reply petition on behalf of MSEDCL against the Navi Mumbai Cold Storage Owners Welfare Association, addressing appropriate tariff categorization for pre-cooling and cold storage units for agricultural products.
• Drafted a reply petition on behalf of MSEDCL against Bhimashankar SSKL’s petition, focusing on the utilization of renewable energy sources and establishment of guidelines for electricity generation and distribution.
• Drafted a reply petition on behalf of MSEDCL against ACME Heergarh Powertech Pvt. Ltd.’s petition, requesting relief from penalty for generation shortfalls due to force majeure events.
• Represented Lloyds Metal & Energy Ltd., Mahindra CIE, and Soni Wind Power before the Maharashtra Electricity Regulatory Commission (MERC) and the Appellate Tribunal for Electricity (APTEL) on complex tariff and regulatory issues.
• Appeared for Uttam Galva (now JSW) in major regulatory disputes concerning open access and wheeling charges before APTEL and the Supreme Court of India.
• Represented Mahindra CIE in defending penal actions relating to captive consumption regulations, including matters concerning cross-subsidy surcharge and additional surcharge with Sai Wardha as the generator.
• Representing an individual against the Brihan Mumbai Electric Supply and Transport (BEST) Undertaking, seeking recovery of overdue payments spanning 22 years, while addressing regulatory and statutory limitation concerns.
• Represented Raj Shroff before MERC in proceedings for tariff fixation for a small hydroelectric project.
• Drafted and filed a reply petition on behalf of the Maharashtra State Electricity Distribution Company Limited (MSEDCL) against the Association of Plant Tissue Culture Industries, addressing appropriate tariff categorization for plant tissue culture units. Advised Serum Institute of India, Endurance Technologies Limited, and other clients on renewable energy compliance frameworks and regulatory obligations.
• Advised Waari Energy, Mahindra CIE, and Govind Milk on solar power project regulations, power purchase arrangements, and electricity law compliance.
• Provided legal advice to Godavari Energy Co-operative Society Ltd. on energy law, regulatory compliance, and licensing matters.
• Advised a leading listed chemicals manufacturer on issues relating to captive power generation and utilization within the existing regulatory landscape.
• Advised and facilitated Endurance Technologies Limited (a listed company) in its solar power procurement contracts with Tata Power, including drafting and review of transactional documents.
• Drafted and negotiated Compulsory Convertible Debenture (CCD) agreements for a prominent mines and minerals company in India.
• Drafted hydrocarbon and power purchase agreements for clients in the energy and power sectors.
• Provided regulatory and compliance advice on legal metrology issues to a leading medical equipment manufacturer and to Puneet Narula.
• Advising and representing Centillion Pvt. Ltd. in various commercial disputes and contractual matters.
• Represented Ministry of Tourism & Cultural Affairs, Government of Maharashtra before MERC in mid-term review proceedings for truing-up of power tariffs for FY 2019–2023.
• Represented Revive Realty Ltd. before the Bombay High Court in a writ petition concerning classification of electricity connections and billing disputes.
• Represented Shree Renuka Sugars Ltd. before the Maharashtra Energy Development Agency and MERC for recovery of pending reimbursements amounting to 30 million and other outstanding dues.
• Advised and appeared for Lloyds Metals and Energy Ltd. before MERC on regulatory issues relating to the Deviation Settlement Mechanism (DSM).
• Filed petitions before MERC for refund and adjustment of wrongful recoveries made by state transmission utilities.
• Representing state utilities and power producers in tariff and policy matters before MERC and APTEL.
• Advised and represented Maharashtra State Electricity Distribution Company Limited (MSEDCL) before the Bombay High Court and MERC in numerous matters involving tariff disputes, regulatory compliance, renewable purchase obligations (RPO), and recovery of dues.
• Appeared before MERC for MSEDCL seeking recovery of 10,903.7 million from Maharashtra State Power Generation Company Ltd.
• Represented MSEDCL before MERC and APTEL in petitions challenging regulatory decisions, seeking license renewals, and defending against frivolous claims.
• Appeared for Brihanmumbai Electricity Supply and Transport (BEST) in matters concerning recovery of energy charges and civil liability continuation.
• Represented MSEDCL in multiple writs before the Bombay High Court challenging electricity inspector orders, cancellation of explosive licenses, connected load disputes, and billing matters.
• Advocated on behalf of Lloyds against Kreate Energy and KSR DISCOMs before MERC (Maharashtra Electricity Regulatory Commission) in pursuit of obtaining approval for additional power purchase cost incurred due to uncontrollable factors during October 2021.
• Appeared on behalf of Biomass Energy developers to effect revisions in tariff structures.
• Advocated on behalf of entities such as Kalyani Renewable Energy India Ltd., Shalivahana Green Energy Ltd., Maharashtra Biomass Energy Developers Association, Team Ferro Alloys, and Maharashtra Co-gen Green Powers Producers Association, aiming to secure higher tariff revisions.
• Offered legal advice to Waari Energy on regulatory aspects of solar power projects.
• Advised a leading listed chemicals manufacturing company on matters of captive generation and usage of power within the regulatory landscape.