Dakshin Haryana Bijli Vitran ... vs Mahender Sharma
2022 Latest Caselaw 1532 P&H

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH
270

                                                           RFA-24-2022(O&M)
                                                      Date of Order: 11.03.2022

DAKSHIN HARYANA BIJLI VITRAN NIGAM AND ANR.
                                           ..Appellants
                       Versus
MAHENDER SHARMA
                                         ..Respondent

CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL Present: Mr. B.R. Mahajan, Sr. Advocate with Ms. Nikita Goel, Advocate for the appellants.

Mr. Rajesh Arora, 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 the 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.

For the aforesaid reason, the appeal filed by the Dakshin

Haryana Bijli Vitran Nigam and another shall stand allowed and the

judgment dated 01.09.2021, passed by the Special Court constituted under

the Electricity Act, 2003, in a suit for permanent injunction filed by the

respondent, is declared to be without jurisdiction.

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 RFA-24-2022(O&M)                                                          -2-

The parties shall be at liberty to avail appropriate remedy.

All the pending miscellaneous applications, if any, are also

disposed of.

March 11th, 2022                                       (ANIL KSHETARPAL)
Ay                                                           JUDGE

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




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