Uttar Haryana Bijli Vitran Vigam Ltd. And Another v. Narender Kumar
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RSA-850-2024 (O&M) Date of Decision: 26.09.2025 Uttar Haryana Bijli Vitran Nigam Limited & Another .... Appellant
Versus
Narender Kumar .... Respondent CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - Advocate Molly Tarunima Tagore, for the appellants (through VC).
NIDHI GUPTA, J. (ORAL) The appellants-defendants are in second appeal against the judgment and decree dated 24.01.2023 passed by learned Civil Judge (Junior Division), Rohtak vide which the suit filed by the plaintiff was decreed; and judgment and decree dated 20.07.2023 passed by learned Additional District and Sessions Judge, Rohtak vide which the appeal filed by the defendants was dismissed.
2.
At the very outset, learned counsel for the appellants submits that the question of law involved in the present appeal as to whether jurisdiction of the Civil Court is barred in view of Section 145 of the Electricity Act, 2003, has since been decided by the Hon'ble Division Bench of this Court in RSA-4181-2016, titled as 'Mahesh Kumar vs. Sub Divisional Officer and Another' vide judgment dated 14.05.2025. SUNENA 2025.09.30 10:49 I attest to the accuracy and integrity of this document
3.
In view of the above, the present second appeal is allowed, and the suit filed by the respondent-plaintiff stands dismissed on the ground of jurisdiction. However, the respondent-plaintiff is at liberty to take recourse to the appropriate remedy as available, in accordance with law.
4.
It is made clear that any evidence recorded/observations made in the impugned judgments and decrees would not operate as res judicata in any subsequent proceedings initiated by the respondentplaintiff. 5.
Learned counsel for the appellants undertakes to inform learned counsel for the respondent about the present order within two weeks from today. A copy of this order be also sent to the respondent/plaintiff by the Registry.
6.
Pending application(s), if any, shall stands disposed of. 26.09.2025 ( NIDHI GUPTA ) sunena JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No SUNENA 2025.09.30 10:49 I attest to the accuracy and integrity of this document