174 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH SUNITA DEVI UHBVN LTD AND OTHERS CORAM: HON'BLE MR. JUSTICE Present: Mr. Mr. S.K. Mahajan, HARKESH MANUJA 1. By way of present appeal, judgments and decrees dated 26.07.2022 & 15.12.2022 passed by the Courts below, whereby, a suit filed at the instance of to be dismissed. 2. Learned counsel for the dated 14.05.2025, rendered by the Hon’ble Division Bench of this Court in a bunch of appeals with lead case Versus Sub Divisional Officer & another the Civil Court is barred to ent respondents, in terms of Section 145 of the Electricity Act, 2003 and for the said purpose, relevant paragraphs No.31 to 33 thereof are extracted hereunder:- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: Versus UHBVN LTD AND OTHERS HON'BLE MR. JUSTICE HARKESH MANUJA Mr. Madan Pal, Advocate for the appellant. Mr. S.K. Mahajan, Advocate for the **** HARKESH MANUJA, J. (ORAL) By way of present appeal, challenge has been laid to the judgments and decrees dated 26.07.2022 & 15.12.2022 passed by the Courts below, whereby, a suit filed at the instance of dismissed. Learned counsel for the respondents dated 14.05.2025, rendered by the Hon’ble Division Bench of this Court in a bunch of appeals with lead case RSA-4181-2016 Versus Sub Divisional Officer & another”, to contend that jurisdiction of the Civil Court is barred to entertain the suit preferred at the instance of respondents, in terms of Section 145 of the Electricity Act, 2003 and for the said purpose, relevant paragraphs No.31 to 33 thereof are extracted “ 31. Therefore, the sweep, and, plenitude of Sectio spoken thereins manner, naturally completely ousts the jurisdiction of the Civil Courts. The said ouster, as becomes gathered by this Court, through the makings of an insightful interpretation of the supra phrases, which occur thereins, but is a specific ouster, leaving no room at all for any inference qua any implied ousters becoming created. Though, the said ouster, as occurs in the initial segment but relates to certain matters specifically delineated thereins, but since the last segme engrafted thereins, as the word ‘and’ separates the last segment from the IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA-1913-2023 Date of Decision: January 15, 2026 ........Appellant ........Respondents HARKESH MANUJA Madan Pal, Advocate for the appellant. Advocate for the respondents. challenge has been laid to the judgments and decrees dated 26.07.2022 & 15.12.2022 passed by the Courts below, whereby, a suit filed at the instance of plaintiff-appellant came respondents relies upon a decision dated 14.05.2025, rendered by the Hon’ble Division Bench of this Court in a 2016, titled as “Mahesh Kumar ”, to contend that jurisdiction of ertain the suit preferred at the instance of respondents, in terms of Section 145 of the Electricity Act, 2003 and for the said purpose, relevant paragraphs No.31 to 33 thereof are extracted Therefore, the sweep, and, plenitude of Section 145, thus in the spoken thereins manner, naturally completely ousts the jurisdiction of the Civil Courts. The said ouster, as becomes gathered by this Court, through the makings of an insightful interpretation of the supra phrases, which occur but is a specific ouster, leaving no room at all for any inference qua any implied ousters becoming created. Though, the said ouster, as occurs in the initial segment but relates to certain matters specifically delineated thereins, but since the last segment, as carried thereins, is separately engrafted thereins, as the word ‘and’ separates the last segment from the 2023 January 15, 2026 challenge has been laid to the judgments and decrees dated 26.07.2022 & 15.12.2022 passed by the came on dated 14.05.2025, rendered by the Hon’ble Division Bench of this Court in a Mahesh Kumar ”, to contend that jurisdiction of ertain the suit preferred at the instance of respondents, in terms of Section 145 of the Electricity Act, 2003 and for the said purpose, relevant paragraphs No.31 to 33 thereof are extracted n 145, thus in the spoken thereins manner, naturally completely ousts the jurisdiction of the Civil Courts. The said ouster, as becomes gathered by this Court, through the makings of an insightful interpretation of the supra phrases, which occur but is a specific ouster, leaving no room at all for any inference qua any implied ousters becoming created. Though, the said ouster, as occurs in the initial segment but relates to certain matters specifically delineated nt, as carried thereins, is separately TEJWINDER SINGH 2026.01.19 18:01 I agree to specified portions of this document RSA-1913-2023 -2- prior thereto three segments. Resultantly, the sweep of the last segment but takes within its ambit, sweep or clout, thus all those matters, which remain unspoken in the prior thereto segments. 32. Naturally therebys, in terms of the supra purposive interpretation assigned by this Court to the last segment of Section 145 of the Act of 2003, therebys all actions taken or proposed to be taken by any authority, thus in pursuance to powers conferred by or under this Act, rather cover all such matters, which are detailed in extenso in the Act of 2003. In sequel therebys but naturally all the actionable matters become amenable for exercisings of jurisdiction thereovers by the statutorily created special authorities/special bodies, wherebys in respect thereof, thus there is complete ouster of adjudicatory jurisdiction by the Civil Courts concerned. 33. In consequence, there is no restriction, as such created by Section 145 of the Act of 2003, vis-a-vis only the three segments (supra) which occur thereins, but the ouster of adjudicatory jurisdiction of the Civil Courts, rather through the last segment which occurs thereins, but does cover all the subject matters, in respect whereof action becomes initiated, or where actions are proposed to be contemplated against the errant concerned. In summa, therebys not only in respect of Section 126 and Section 127 of the Act of 2003 but also in respect of the matters falling within the ambit of Section 135 of the Act of 2003, there is complete ouster of jurisdiction of the Civil Courts”. 3. Learned counsel for the respondent-plaintiff is not in a position to dispute the factual and legal position. 4. In view of the above, the present appeal is dismissed and the judgments and decrees passed by the learned trial Court as well as learned First Appellate Court are hereby set aside. However, the parties shall be at liberty to take recourse to the appropriate remedy as available, in accordance with law. 5. 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. 6. No orders are required to be passed in the pending application(s), the same shall stand disposed of. 15.01.2026 (HARKESH MANUJA) Tejwinder JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No TEJWINDER SINGH 2026.01.19 18:01 I agree to specified portions of this document