Dhbvnl & Ors vs Vasudev Chhabra
2022 Latest Caselaw 3962 P&H

         IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                        CHANDIGARH
232(4)
                                                      RFA-3745-2017(O&M)
                                                    Date of Order: 06.05.2022



DAKSHIN HARYANA BIJLI VITRAN NIGAM LTD. & ORS
                                                                 ..Appellants
                                    Versus
VASUDEV CHHABRA                                                  ..Respondent

CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL Present: Mr. Baldev Raj Mahajan, Sr. Advocate with Mr. R.S. Longia, 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 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

Limited and another shall stand allowed and the judgment dated 01.04.2017,

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

petition under Section 154 read with Section 135 of the Electricity Act,

2003, filed by the respondent, is declared to be without jurisdiction.

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 RFA-3745-2017(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.

May 06th, 2022                                         (ANIL KSHETARPAL)
Ay                                                           JUDGE

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




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