Punjab-Haryana High Court
Hans Raj Chhabra vs Uttar Haryana Bijli Vitran Nigam ... on 19 September, 2018
Author: Anil Kshetarpal
Bench: Anil Kshetarpal
RSA No.4471 of 2017 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
131
RSA No.4471 of 2017 (O&M)
Date of decision: 19.09.2018
Hans Raj Chhabra ...... Appellant
Versus
Uttar Haryana Bijli Vitran Nigam Limited ...... Respondent
CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL
Present:- Mr. Karan Nehra, Advocate
for the appellant.
Mr. B.R. Mahajan, Sr. Advocate with
Mr. Prateek Mahajan, Advocate
for the respondent.
*****
ANIL KSHETARPAL, J. (ORAL)
Learned First Appellate Court while reversing the judgment passed by the learned trial Court has held that the jurisidiction of the Civil Court is barred in the disputes arising from theft of electricity covered under Sections 126 and 127 of the Electricity Act, 2003.
Learned counsel for the appellant has pointed out that this was not a case of theft of electricity and therefore, it would not fall in the scope of Sections 126 and 127 of the Electricity Act. Learned Advocate General, Haryana although made an attempt, however, could not dispute that in the present case, theft of electricity is not even alleged.
Keeping in view the aforesaid facts, the judgment passed by the learned First Appellate Court is set aside. The case is remanded back to the learned First Appellate Court to re-decide the appeal on merits.
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Appeal is disposed of.
Parties through their counsel are directed to appear before the learned First Appellate Court on 01.10.2018.
( ANIL KSHETARPAL )
19.09.2018 JUDGE
Dinesh Bansal
Whether speaking/reasoned Yes / No
Whether Reportable Yes / No
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