Dakshin Haryana Bijli Vitran ... vs Sharda Sharma
2022 Latest Caselaw 1269 P&H

    IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                   CHANDIGARH
284(2)

                                                  RFA-2689-2021(O&M)
                                                Date of Order: 07.03.2022

DAKSHIN HARYANA BIJLI VITRAN NIGAM AND ANOTHER
                                                               ..Appellants
                                   Versus
SHARDA SHARMA                                              ..Respondent

CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL Present: Mr. Madhur Singh, Advocate for the appellants.

Ms. Sharda Sharma, respondent in person

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 is held that the Special Court constituted under the

Electricity Act, 2003, does not have the jurisdiction to entertain and

decide a civil suit or application under Section 154 of the Electricity Act,

2003, in the 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 appeal filed by the Dakshin Haryana Bijli Vitran Nigam

and another shall stand allowed and the judgment dated 06.08.2021,

passed by the Special Court constituted under the Electricity Act, 2003,

in a suit for declaration filed by the respondent, is declared to be without

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jurisdiction.

The parties shall be at liberty to avail the appropriate

remedy.

All the pending miscellaneous applications, if any, are also

disposed of.

07.03.2022                                  (ANIL KSHETARPAL)
rekha                                             JUDGE

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




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