Mohinder Grover @ Mohinder Kumar v. Punjab State Power Corporation Ltd And ANR

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH RSA No.5116 of 2013 (O&M) Date of decision: 19.03.2015 Mohinder Grover ..... Appellant

Versus

Punjab State Power Corporation Ltd. and another ......Respondents CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL

Present:

Mr. Sanjay Mittal, Advocate for the appellant. RAJESH BINDAL, J The appellant/plaintiff is before this Court against concurrent finding of fact recorded by both the courts below, whereby the suit filed by him challenging demand of ` 1,62,744/- on account of theft of energy, was dismissed.

Learned lower appellate court held that in view of the judgment of this Court in Uttar Haryana Bijli Vitran Nigam Ltd. v. Jagdambey Steel Pvt. Ltd. and another, 2007 (3) RCR (Civil), 75 civil court has no jurisdiction to go into the issue raised in the suit, as in terms of Section 145 of Electricity Act, 2003, the petitioner has alternative dispute redressal mechanism. The aforesaid fact could not be disputed by learned counsel for the appellant.

Considering the aforesaid fact, in my opinion, there is no error in the judgment and decree of the learned courts below. No substantial question of law arises in the appeal and the same is accordingly, dismissed. Consequently the accompanying applications are also dismissed. (RAJESH BINDAL) JUDGE 19.03.2015 sharmila SHARMILA 2015.04.07 12:59 I attest to the accuracy and authenticity of this document.

Chandigarh