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Dakshin Haryana Bijli Vitran Nigam ... vs Poonam Vashisth on 2 December, 2008

The bar of Civil Court jurisdiction is applicable where dispute fall within the purview of Section 126 of the Act. If the demand is based on an allegation of theft of energy, the issue and contemplated action do not fall under the purview of Section 126 of the Act and Civil Court has got all the jurisdiction. [15]. Reference can be made to Executive Engineer and another Vs. M/s Sri Seetaram Rice Mill, 2012(1) Law Herald (SC) 205, Dakshin Haryana Bijli Vitran Nigam Limited Vs. Poonam Vashisht, 2009(2) CivCC 131 and decision given in RSA No.4054 of 2013 titled as Dakshin Haryana Bijli Vitran Nigam Ltd., and others Vs. M/s Sirohi Medical Centre. [16]. In view of aforesaid facts, I am of the view that the substantial questions as poised for consideration do not arise in the present appeal as the findings recorded by the Courts below cannot be held to be perverse or the result of any misreading of evidence. Consequently, this appeal is found to be totally bereft of merits and the same is dismissed.
Punjab-Haryana High Court Cites 3 - Cited by 5 - R K Garg - Full Document
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