Uttar Haryana Bijli Vitran Nigam Ltd. And ANR v. Rajiv Gupta

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH RSA-5691-2019 (O&M) Date of decision: 19.08.2025 UTTAR HARYANA BIJLI VITRAN NIGAM LTD. AND ANR .... APPELLANTS

VERSUS

RAJIV GUPTA ....RESPONDENT CORAM: HON'BLE MR. JUSTICE PARMOD GOYAL

Present:

Mr. Anil Chawla, Advocate for the appellants. None for the respondent.

**** PARMOD GOYAL , J. (Oral) 1.

The defendants-appellants vide present Regular Second Appeal is challenging the judgment and decree passed by the First Appellate Court whereby its appeal was dismissed, and the judgment and decree passed by the Trial Court in favour of the plaintiff-respondent was affirmed. 2.

Learned counsel for the defendants-appellants has argued that the question of law involved in the present appeal is as to whether jurisdiction of the Civil Court is barred in view of Section 145 of the Electricity Act, 2003. This question has since been decided by the Hon'ble Division Bench of this Court in RSA-4181-2016, titled as 'Mahesh Kumar Versus Sub Divisional Officer and Another' vide judgment dated 14.05.2025 in favour of appellant, and therefore appeal be allowed. Hon'ble Division Bench has held that in matters under Electricity Act, Civil Court Jurisdiction is barred. 3.

Learned counsel for the plaintiff-respondent does not dispute this factual position.

KUSUM 2025.08.26 09:57 I attest to the accuracy and integrity of this document PHHC Chandigarh

RSA-5691-2019 (O&M) 4.

In view thereof, the present appeal is allowed, and the suit filed by the plaintiff-respondent stands dismissed on the ground of jurisdiction. However, the plaintiff-respondent would have the liberty to avail the remedies as available in law.

5.

It is made clear that any evidence recorded/observations made in the impugned judgments and decrees would not operate as res judicata in any subsequent proceedings initiated by the plaintiff-respondent. 6.

Pending applications, if any, also stands disposed off. (PARMOD GOYAL) 19.08.2025 JUDGE Kusum Whether speaking/reasoned Yes/No Whether Reportable Yes/No KUSUM 2025.08.26 09:57 I attest to the accuracy and integrity of this document PHHC Chandigarh