Uttar Haryana Bijli Vitran Nigam And Others v. Garima
221-16
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH RSA-1554-2025 (O&M) Date of Decision : 01.08.2025 UTTARI HARYANA BIJLI VITRAN NIGAM & ORS ... Appellants
Versus
GARIMA ... Respondent CORAM : HON'BLE MRS. JUSTICE ALKA SARIN
Present:
Mrs. Vasundra Asija Bhandari, Advocate for the appellants. Mr. Gurveer Singh Sidhu, Advocate for the respondent. ALKA SARIN, J. (Oral) CM-5311-C-2025 1.
This is an application for condonation of delay of 45 days in filing the main appeal.
2.
For the reasons stated in the application, the same is allowed and the delay of 45 days in filing the main appeal is condoned. RSA-1554-2025 3.
The defendant-appellants in present Regular Second Appeal, challenging the judgment and decree passed by the First Appellate Court whereby the appeal filed by the plaintiff-respondent was allowed, and the judgment and decree passed by the Trial Court in favour of defendantappellants was reversed. 4.
At the outset, learned counsel for the defendant-appellants has submitted that the question of law involved in the present appeal as to AMAN JAIN 2025.08.05 09:37 I attest to the accuracy and integrity of this order/judgment
RSA-1554-2025 (O&M) -2whether 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 and Another' vide judgment dated 14.05.2025. 5.
Learned counsel for the plaintiff-respondent does not dispute this factual position.
6.
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.
7.
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 stands disposed off. 01.08.2025 Aman Jain (ALKA SARIN) JUDGE NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO AMAN JAIN 2025.08.05 09:37 I attest to the accuracy and integrity of this order/judgment