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

The Supreme Court held that the Electricity Board has the authority to levy a surcharge under Section 49 of the Electricity (Supply) Act, 1948, as it constitutes an enhancement of the tariff rates. The Court clarified that the arbitration clause in the agreement between the parties encompasses disputes regarding the surcharge, and thus, the matter is subject to arbitration. Furthermore, the Court found no grounds for discrimination in the Board's decision to exempt certain categories from the surcharge, affirming the High Court's dismissal of the writ petitions.