Dakshin Haryana Bijli Vitran Nigam Limited v. Anil Kumar Jain

221-89

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH RSA-955-2025 (O&M) Date of Decision : 01.08.2025 DAKSHIN HARYANA BIJLI VITRAN NIGAM LIMITED ... Appellant(s)

Versus

ANIL KUMAR JAIN ... Respondent(s) CORAM : HON'BLE MRS. JUSTICE ALKA SARIN

Present:

Mrs. Vasundra Asija Bhandari, Advocate for the appellant(s).

Mr. Ashish Gupta, Advocate for the respondent(s). ALKA SARIN, J. (Oral) CM-3448-C-2025 For the reasons mentioned therein, the application seeking condonation of delay in filing the appeal is allowed and the delay in filing the appeal is condoned.

RSA-955-2025 1.

The defendant-appellant is in the present Regular Second Appeal, challenging the judgment and decree passed by the First Appellate Court whereby its appeal was dismissed and the judgment and decree passed by the Trial Court in favour of the plaintiff-respondent was affirmed. 2.

At the outset, learned counsel for the defendant-appellant has submitted 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 Versus Sub Divisional Officer & Anr." vide judgment dated 14.05.2025. Yogesh Sharma 2025.08.07 11:24 I attest to the accuracy and authenticity of this judgment/order.

Chandigarh

RSA-955-2025 (O&M) -23.

Learned counsel for the plaintiff-respondent does not dispute this factual position.

4.

In view thereof, the present appeal is allowed, and the suit filed by the plaintiff-respondent stands dismissed on the ground of jurisdiction. However, the plaintiff-respondent would have the liberty to avail the remedies as available in law.

5.

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 plaintiff-respondent. Pending applications, if any, also stand disposed off. 01.08.2025 Yogesh Sharma ( ALKA SARIN ) JUDGE NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO Yogesh Sharma 2025.08.07 11:24 I attest to the accuracy and authenticity of this judgment/order.

Chandigarh