Punjab State Power Corporation Limited v. Sukhwinder Singh
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH RFA-361-2020 (O&M) Date of Order: 30.05.2022 PUNJAB STATE POWER CORPORATION LTD.
..Appellant
Versus
SUKHWINDER SINGH ..Respondent CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL
Present:
Mr. Rishabh Gupta, Advocate for the appellant.
Mr. Upender Prashar, 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 impugned judgment is without jurisdiction, therefore, the delay of 2 days in filing is condoned.
The appeal filed by the Punjab State Power Corporation Limited shall stand allowed and the judgment dated 27.08.2019, passed by MOHD AYUB 2022.06.09 11:35 I attest to the accuracy and authenticity of this document.
RFA-361-2020 (O&M) -2the Special Court constituted under the Electricity Act, 2003, in a suit for declaration, filed by the respondent, is declared to be without jurisdiction. 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 11:35 I attest to the accuracy and authenticity of this document.