Uttar Haryana Bijli Vitran Nigam Ltd. And ANR. v. Pawan Nagpal And ANR.

221-26

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

RSA-2246-2023 (O&M) Date of Decision : 01.08.2025 UTTAR HARYANA BIJLI VITRAN NIGAM LTD. & ANR.

... Appellant(s)

Versus

PAWAN NAGPAL & ANR.

... Respondent(s) CORAM :

HON'BLE MRS. JUSTICE ALKA SARIN

Present:

Mr. B.R. Mahajan, Senior Advocate with Mr. S.K. Mahajan, Advocate for the appellant(s). Mr. Munish Kumar Garg, Advocate and Mr. Tanuj Goyal Tohana, Advocate for respondent No.1.

ALKA SARIN, J. (Oral) 1.

The defendant-appellants are in the present Regular Second Appeal, challenging the judgment and decree passed by the First Appellate Court whereby the appeal filed by the plaintiff-respondent No.1 was allowed and the judgment and decree passed by the Trial Court dismissing the suit of the plaintiff-respondent No.1 was set aside.

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 No.1 does not dispute this factual position.

RSA-2246-2023 -24.

In view thereof, the present appeal is allowed, and the suit filed by the plaintiff-respondent No.1 stands dismissed on the ground of jurisdiction. However, the plaintiff-respondent No.1 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 jk ( ALKA SARIN ) JUDGE NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO JITENDER KUMAR 2025.08.06 17:27 I attest to the accuracy and authenticity of this document Chandigarh