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High Court of Punjab and HaryanaRSA/1429/2022disposed of

Uttar Haryana Bijli Vitran Nigam Ltd. And ANR. v. Tek Chand

2025-08-28Mrs. Justice Alka Sarin2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH RSA-1429-2022 (O&M) Date of Decision : 28.08.2025 UTTAR HARYANA BIJLI VITRAN NIGAM LTD.

AND ANR.

.... Appellants

VERSUS

TEK CHAND .... Respondent CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

Mr. S.K. Mahajan, Advocate and Mr. Anil Chawla, Advocate for the appellants. Mr. Sanjiv Kumar Yadav, Advocate for the respondent. ALKA SARIN, J. (ORAL) 1.

The defendant-appellants are in present Regular Second Appeal, challenging the judgment and decree passed by the First Appellate Court whereby their 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-appellants 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. 3.

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

AMAN JAIN 2025.08.29 09:49 I attest to the accuracy and integrity of this order/judgment

RSA-1429-2022 (O&M) -24.

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 stands disposed off. 28.08.2025 (ALKA SARIN) Aman Jain JUDGE NOTE:

Whether speaking/non-speaking: Speaking Whether reportable: Yes/No AMAN JAIN 2025.08.29 09:49 I attest to the accuracy and integrity of this order/judgment