Dakshin Haryana Bijli Vitran Nigam Ltd v. Sheela Devi

221-29

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

RSA-2247-2024 (O&M) Date of Decision : 01.08.2025 DAKSHIN HARYANA BIJLI VITRAN NIGAM LTD ... Appellant(s)

Versus

SHEELA DEVI ... Respondent(s) CORAM :

HON'BLE MRS. JUSTICE ALKA SARIN

Present:

Mr. B.R. Mahajan, Senior Advocate with Mr. Anil Chawla, Advocate for the appellant(s). Mr. Ashish Gupta, Advocate for the respondent(s).

ALKA SARIN, J. (Oral) 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 allowed partly.

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. 3.

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.

RSA-2247-2024 -2However, 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 jk ( ALKA SARIN ) JUDGE NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO JITENDER KUMAR 2025.08.06 17:28 I attest to the accuracy and authenticity of this document Chandigarh