Tamil Nadu Electricity Board vs A.Yousuff Ali on 12 December, 2019
In M/s.Sree Rajeswari Mills Ltd., Vs. Union of
India (cited supra), relying upon the decision of the Hon'ble Supreme
Court in M.P E.B and others Vs. Basanthi Bai, (cited supra) it was
contended that on behalf of the Electricity Board that as per Section
26(6) of the Electricity Act, 1910 the Electrical Inspector alone was
empowered to decide the dispute but, this Court has held that the
Section 145 of the new Act i.e., Electricity Act, 2003 contemplates the
bar of jurisdiction of the civil court only in cases falling under the
provisions of Sections 126 and 127 namely theft of energy. But in this
case, the occurrence took place in the year 1996 i.e., prior to the
enactment of Electricity Act 2003. During relevant period only old Act
i.e., Indian Electricity Act 1910 was in force. Under Section 26 (6) of
the old Act, the Electrical Inspector alone was empowered to decide
the dispute. Therefore, the aforesaid decision also will not help the
plaintiff.