Harish Kumar v. Dakshini Haryana Bijli Vitran Nigam Ltd And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH RFA-530-2019 (O&M) Date of Order: 30.05.2022 HARISH KUMAR ..Appellant

Versus

DAKSHIN HARYANA BIJLI VITRAN NIGAM. LTD. AND ORS. ..Respondents CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:

Mr. Sandeep Punchhi, Advocate for the appellant.

None for the respondents.

ANIL KSHETARPAL, J(Oral) Despite service, the respondents have not entered appearance. 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. Keeping in view the aforesaid facts, the present appeal is dismissed while observing that the suit for declaration, filed before the Special Court, is not maintainable.

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

RFA-530-2019 (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.