Dakshin Haryana Bijli Vitran Nigam Ltd And Others v. Dinesh Sethi

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH RFA-493-2017(O&M) Date of Order: 30.05.2022 DAKSHIN HARYANA BIJLI VITRAN NIGAM LTD. AND ORS. ..Appellants

Versus

DINESH SETHI ..Respondent CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:

Mr. R.S. Longia, Advocate for the appellants. Mr. Rahul Gautam, Advocate 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 learned counsel representing the parties are ad idem that the same legal issue arises in the present case.

The appeal filed by the Dakshin Haryana Bijli Vitran Nigam Limited shall and another stand allowed and the judgment dated 21.07.2016, passed by the Special Court constituted under the Electricity Act, 2003, in a suit for declaration and mandatory injunction, 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-493-2017(O&M) -2The 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.