Dakshin Haryana Bijli Vitran Nigam Ltd. And ORS. v. Anil Kumar

RSA-2060-2016 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA-2060-2016 (O&M) Date of Decision: 04.09.2025 Dakshin Haryana Bijli Vitran Nigam Ltd. & Ors. .... Appellant

Versus

Anil Kumar .... Respondent CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - Mr. R.S. Longia, Advocate for the appellants. NIDHI GUPTA, J. (ORAL) 1.

The appellants-defendants are in second appeal against the judgment and decree dated 21.01.2016 passed by learned Additional District Judge, Gurgaon, whereby the appeal filed by the respondentplaintiff against judgment and decree dated 21.05.2014 passed by learned Civil Judge (Junior Division), Gurgaon, dismissing the suit of the plaintiff, has been allowed with costs.

2.

At the very outset, learned counsel for the appellants submits 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 vs. Sub Divisional Officer and Another' vide judgment dated 14.05.2025. 3.

In view of the above, the present second appeal is allowed, and the suit filed by the respondent-plaintiff stands dismissed on the ground SUNENA 2025.09.05 19:07

RSA-2060-2016 (O&M) -2of jurisdiction. However, the respondent-plaintiff is at liberty to take recourse to the appropriate remedy as available, in accordance with law. 4.

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 respondent-plaintiff. 5.

Pending application(s), if any, shall stands disposed of. 04.09.2025 ( NIDHI GUPTA ) sunena JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No SUNENA 2025.09.05 19:07