Dakshin Haryana Bijli Vitran Nigam v. Sunil Kumar Dixit
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH RFA-791-2022(O&M) Date of Order: 30.05.2022 DAKSHIN HARYANA BIJLI VITRAN NIGAM ..Appellant
Versus
SUNIL KUMAR DIXIT ..Respondent CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL
Present:
Mr. Ashish Gupta, Advocate for Mr. Prateek Mahajan, Advocate for the appellants.
None for respondent.
ANIL KSHETARPAL, J(Oral) Despite service, the respondent has not entered appearance. 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 shall stand allowed and the judgment dated 03.03.2020, passed by the Special Court constituted under the Electricity Act, 2003, in a petition under Sections 153 & 154 read with Section 135 of the Electricity Act, 2003, filed by the respondent, is declared to be without jurisdiction. MOHD AYUB 2022.06.09 11:53 I attest to the accuracy and authenticity of this document.
RFA-791-2022(O&M) -2Since, the matter is covered by the aforesaid judgment, therefore, the appeal is being disposed of, however, the served/unserved party shall have liberty to file an application for revival and modification, if so advised.
The parties shall be at liberty to avail the appropriate remedy. All the pending miscellaneous applications, if any, are also disposed of.
May 30th, 2022 (ANIL KSHETARPAL) Ay JUDGE Whether speaking/reasoned :
Yes/No Whether reportable :
Yes/No MOHD AYUB 2022.06.09 11:53 I attest to the accuracy and authenticity of this document.