The Punjab State Power Corporation Ltd. And ANR. v. Harbhajan Singh

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH RFA-2180-2018(O&M) Date of Order: 30.05.2022 THE PUNJAB STATE POWER CORPORATION LTD. AND ANR. ..Appellants

Versus

HARBHAJAN SINGH ..Respondent CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:

Ms. Pratula Sethi, Advocate for the appellants.

None for respondent.

ANIL KSHETARPAL, J(Oral) 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 impugned judgment is without jurisdiction, therefore, the delay of 99 days in refiling as well as delay of 81 days in filing the appeal is condoned.

The appeal filed by the Punjab State Power Corporation Ltd. and another shall stand allowed and the judgment dated 08.12.2016, passed by the Special Court constituted under the Electricity Act, 2003, in a petition under Section 154(5) of the Electricity Act, 2003, filed by the respondent, is declared to be without jurisdiction.

MOHD AYUB 2022.06.09 11:43 I attest to the accuracy and authenticity of this document.

RFA-2180-2018(O&M) -2Since, the matter is covered in the aforesaid judgment, therefore, the appeal is being disposed of, however, the unserved party shall have liberty to file an application for revival and modification, if so advised. 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 MOHD AYUB 2022.06.09 11:43 I attest to the accuracy and authenticity of this document.