Punjab-Haryana High Court
Sarita Devi vs Dakshin Haryana Bijli Vitran Nigam on 8 September, 2022
Author: Anil Kshetarpal
Bench: Anil Kshetarpal
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
151
RFA-1106-2022
Date of decision: 08.09.2022
SARITA DEVI ..Appellant
Versus
DAKSHIN HARYANA BIJLI VITRAN NIGAM ..Respondent
CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL
Present: Mr. Sandeep Kumar Rana, Advocate
for the appellant.
ANIL KSHETARPAL, J(Oral)
While deciding the two Regular First Appeals bearing RFA No.445- 2021, titled as "Punjab State Power Corporation Limited and another Vs. Kulwinder Singh" and RFA No.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 the 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 appellant admits that the same legal issue arises in the present case.
Keeping in view the aforesaid facts, the present appeal is dismissed while observing that the petition before the Special Court under Section 154 and 155 of the Electricity Act, 2003, is not maintainable.
The appellant shall be at liberty to avail the appropriate remedy. All the pending miscellaneous applications, if any, are also disposed of.
September 08th, 2022 (ANIL KSHETARPAL)
Ay JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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