Dakshin Haryana Bijli Vitran Nigam And ORS v. Prem Devi

221-35

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

RSA-251-2025 (O&M) Date of Decision : 01.08.2025 DAKSHIN HARYANA BIJLI VITRAN NIGAM & ORS ... Appellant(s)

Versus

PREM DEVI ... Respondent(s) CORAM :

HON'BLE MRS. JUSTICE ALKA SARIN

Present:

Mr. B.R. Mahajan, Senior Advocate with Ms. Prerna Malhotra, Advocate for the appellant(s). None for the respondent(s).

ALKA SARIN, J. (Oral) CM-751-C-2025 1.

For the reasons stated in the application, the same is allowed. The delay in filing the present appeal is condoned. RSA-251-2025 (O&M) 2.

The defendant-appellants are in the present Regular Second Appeal, 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. 3.

At the outset, learned counsel for the defendant-appellants has submitted that the question of law involved in the present appeal as to whether jurisdiction of the Civil Court is barred in view of Section 145 of the Electricity Act, 2003, 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 & Anr." vide judgment dated 14.05.2025.

RSA-251-2025 -24.

None has put in appearance on behalf of the contesting respondent.

5.

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.

6.

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. Pending applications, if any, also stand disposed off. 01.08.2025 jk ( ALKA SARIN ) JUDGE NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO JITENDER KUMAR 2025.08.06 17:28 I attest to the accuracy and authenticity of this document Chandigarh