Dhbvnl & ANR v. Bio Innovat Research Services

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

RSA-6809-2016 (O&M) Date of Decision: 02.12.2025 DHBVNL & ANR .... Appellants

Versus

BIO INNOVAT RESEARCH SERVICES .... Respondent CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - Mr. Pawan Kumar Longia, Advocate for the appellants. NIDHI GUPTA, J. (ORAL) The appellants-defendants are in second appeal against the judgment and decree dated 16.12.2015 passed by learned AddiƟonal District Judge, Gurgaon, whereby the appeal filed by the respondentplainƟff against judgment and decree dated 28.02.2014 passed by learned Civil Judge (Junior Division), Gurgaon, dismissing the suit of the plainƟff, has been allowed with costs.

2.

At the very outset, learned counsel for the appellant submits that the quesƟon of law involved in the present appeal as to whether jurisdicƟon of the Civil Court is barred in view of SecƟon 145 of the Electricity Act, 2003, has since been decided by the Hon'ble Division Bench of this Court in RSA-4181-2016, Ɵtled 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-plainƟff stands dismissed on the KUSUM 2025.12.04 19:12 I attest to the accuracy and integrity of this document PHHC Chandigarh

ground of jurisdicƟon. However, the respondent-plainƟff 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/observaƟons made in the impugned judgments and decrees would not operate as res judicata in any subsequent proceedings iniƟated by the respondentplainƟff. 5.

Learned counsel for the appellant undertakes to inform learned counsel for the respondent about the present order within two weeks from today. A copy of this order be also sent to the respondent/plainƟff by the Registry.

6.

Pending applicaƟon(s), if any, shall stands disposed of. 02.12.2025 ( NIDHI GUPTA ) Kusum JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No KUSUM 2025.12.04 19:12 I attest to the accuracy and integrity of this document PHHC Chandigarh