Devender Singh v. Dakshin Haryana Bijli Vitran Nigam Ltd & ANR.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH RFA-2280-2017 (O&M) Date of Order: 30.05.2022 DEVENDER SINGH ..Appellant
Versus
DAKSHIN HARYANA BIJLI VITRAN NIGAM LTD. AND ANR. ..Respondents CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL
Present:
Mr. Rahul Gautam, Advocate for the appellant.
Mr.G.B.S. Gill, Advocate for Mr. Gaurav Dhir, Advocate for respondents.
ANIL KSHETARPAL, J(Oral) With the consent of the learned counsel representing the parties, the appeal is taken on board for final disposal. While deciding the two Regular First Appeals bearing case No.RFA-445-2021, titled as "Punjab State Power Corporation Limited and another Vs. Kulwinder Singh" and RFA-2330-2021, titled as "Dakshin Haryana Bijli Vitran Nigam and another Vs. Vidyawati", on 21.12.2021, it has been held that the Special Court constituted under the Electricity Act, 2003, does not have jurisdiction to entertain and decide a civil suit or application under Section 154 of the Electricity Act, 2003, in absence of a criminal case. This Court has relied upon the judgment passed by the Supreme Court in North Delhi Power Limited Vs. Devinder Singh and another, Civil Appeal No.20842 of 2017, decided on 04.12.2017. The learned counsel representing the parties are ad idem that the same legal issue arises in the present case.
The impugned judgment is without jurisdiction, therefore, the delay of 186 days in filing the appeal is condoned. CHETAN THAKUR 2022.07.04 14:04 I attest to the accuracy and authenticity of this document.
RFA-2280-2017 (O&M) -2Keeping in view the aforesaid facts, the present appeal is dismissed while observing that the suit for declaration and mandatory injunction, filed before the Special Court, is not maintainable. The parties shall be at liberty to avail the appropriate remedy. All the pending miscellaneous applications, if any, are also disposed of.
May 30th, 2022 (ANIL KSHETARPAL) Ay JUDGE Whether speaking/reasoned :
Yes/No Whether reportable :
Yes/No CHETAN THAKUR 2022.07.04 14:04 I attest to the accuracy and authenticity of this document.