Binani Zinc Ltd vs Kerala State Electricity Board & Ors

The Supreme Court referred the matter to a Larger Bench due to doubts regarding the observations made in BSES Ltd. v. Tata Power Company Ltd., (2004) 1 SCC 195. The case involved the validity of tariff revisions by the Kerala State Electricity Board under Sections 49, 59, and clause (j) of Section 79 of the Electricity (Supply) Act, 1948, and the implications of the Electricity Regulatory Commissions Act, 1998. The Court held that the Kerala State Electricity Regulatory Commission was empowered to determine tariffs and that the revisions made were subject to compliance with the provisions of the 1998 Act, thus necessitating further examination by a larger bench.