BISRA STONE LIME COMPANY LTD. & ANR. ETC versus ORISSA STATE ELECTRICITY BOARD & ANR.

BISRA STONE LIME COMPANY LTD. & ANR. ETC versus ORISSA STATE ELECTRICITY BOARD & ANR.

The Board has the power to enhance tariff rates by levying a surcharge pursuant to clause 13 of the agreement, and such disputes are covered under the arbitration clause 23. Section 49 of the Act does not prohibit this and does not support the discrimination plea raised.

Parties
Appellant: Bisra Stone Lime Company Ltd.; Appellant: Orissa Textile Mills Limited; Respondent: Orissa State Electricity Board; Respondent: State of Orissa
Jurisdiction
India
Judgment Date
21 October 1975
Procedural Posture
Civil Appeal / Supreme Court, Appeals by Special Leave From Orissa High Court Judgment
Outcome
Appeals dismissed
Legal Topics
Revision of Tariff, Arbitration Clause, Discrimination in Levy, Surcharge
Electricity Revision of Tariff Arbitration Clause Discrimination in Levy Surcharge

Case Brief

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Parties

Bisra Stone Lime Company Ltd.

Appellant

Orissa Textile Mills Limited

Appellant

Orissa State Electricity Board

Respondent

State of Orissa

Respondent

Procedural Posture

Civil Appeal / Supreme Court, Appeals by Special Leave From Orissa High Court Judgment

Legal Issues

  1. 1 Whether the Electricity Board has power under the Electricity (Supply) Act, 1948 to levy a surcharge
  2. 2 Whether clause 13 of the agreement permits revision of tariff including surcharge and if the dispute can be referred to arbitration
  3. 3 Whether levy of surcharge and exemption of certain categories is discriminatory under section 49 of the Act

Ratio Decidendi

The Board has the power to enhance tariff rates by levying a surcharge pursuant to clause 13 of the agreement, and such disputes are covered under the arbitration clause 23. Section 49 of the Act does not prohibit this and does not support the discrimination plea raised.

Court Disposition

Appeals dismissed

Orders

  • No order as to costs