Brij Mohan Kohli vs Uttri Haryana Bijli Vitran Nigam ...
2022 Latest Caselaw 1154 P&H

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH
262

                                                      RFA-2570-2019(O&M)
                                                    Date of Order: 03.03.2022

BRIJ MOHAN KOHLI
                                                                   ..Appellant
                                    Versus
UTTRI HARYANA BIJLI VITRAN NIGAM AND ORS.
                                                                 ..Respondents

CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL Present: Mr. Diwan S. Adlakha, Advocate for the appellant.

Mr. Baldev Raj Mahajan, Sr. Advocate with Mr. S.K. Mahajan, Advocate for respondents.

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 a 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 learned counsel representing the parties are ad idem that the

same legal issue arises in the present case.

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 RFA-2570-2019(O&M)                                                 -2-

Keeping in view the aforesaid facts, the present appeal is

dismissed while observing that the petition before the Special Court under

Section 154(5) of the Electricity Act, 2003, is not maintainable.

The parties shall be at liberty to avail appropriate remedy.

All the pending miscellaneous applications, if any, are also

disposed of.

March 03rd, 2022                                       (ANIL KSHETARPAL)
Ay                                                           JUDGE

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




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