Dakshin Harayana Bijli Vitran ... vs Kapil
2022 Latest Caselaw 10273 P&H

       IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                      CHANDIGARH
234
                                                      RFA-2630-2021(O&M)
                                                  Date of decision: 31.08.2022

DAKSHIN HARYANA BIJLI VITRAN NIGAM LTD. AND ORS.

                                                                    ..Appellants
                                    Versus
KAPIL
                                                                  ..Respondent

CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL Present: Mr. Pritam Singh Saini, Advocate for Mr. S.K. Mahajan, Advocate for the appellants.

Ms. Jasneet Mehra, Advocate for respondent.

ANIL KSHETARPAL, J(Oral) While deciding the two Regular First Appeals bearing case

No.RFA-445-2021, titled as "Punjab State Power Corporation Limited and

another Vs. Kulwinder Singh" and RFA-2330-2021, titled as "Dakshin

Haryana Bijli Vitran Nigam and another Vs. Vidyawati", on 21.12.2021, it has

been held that the Special Court constituted under the Electricity Act, 2003,

does not have jurisdiction to entertain and decide a civil suit or application

under Section 154 of the Electricity Act, 2003, in absence of a criminal case.

This Court has relied upon the judgment passed by the Supreme Court in

North Delhi Power Limited Vs. Devinder Singh and another, Civil Appeal

No.20842 of 2017, decided on 04.12.2017.

The appeal filed by the Dakshin Haryana Bijli Vitran Nigam and

others shall stand allowed and the judgment dated 02.04.2021, passed by the

Special Court constituted under the Electricity Act, 2003, in a suit/petition for

declaration, permanent injunction with a consequential relief of mandatory

injunction, filed by the respondent, is declared to be without jurisdiction.

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 RFA-2630-2021(O&M)                                                         -2-

The parties shall be at liberty to avail the appropriate remedy.

All the pending miscellaneous applications, if any, are also

disposed of.

August 31st, 2022                                      (ANIL KSHETARPAL)
Ay                                                           JUDGE

Whether speaking/reasoned                :       Yes/No
Whether reportable                       :       Yes/No




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