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2025 DAILYLAW 12924 (PNJ)

DAKSHIN HARYANA BIJLI VITRAN NIGAM AND ANOTHER v. RAM KUMAR

RSA/152/2024 · 2025-07-10

Nidhi Gupta

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA 115 Dakshin Haryana Bijli Vitran Nigam and another Ram Kumar CORAM: Present:- NIDHI GUPTA J. (Oral) 1. against the concurrent findings of the learned Courts below whereby the suit filed by the injunction has been 2. submits that the question of law involved in the present appeal as to whether jurisdiction of the Civil Court is barred in view of Section 145 of the Electricity Act, 2003, has since been decided by the Hon’ble Division Bench of this Court in ‘Mahesh judgment dated 14.05.2025. 3. allowed, RSA-152-2024 (O & M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Regular Second Appeal No.152 of 2024 Date of decision :-10.07.2025 Dakshin Haryana Bijli Vitran Nigam and another Versus Ram Kumar CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Surinder K. Mahajan, Advocate for the appellants. NIDHI GUPTA J. (Oral) The appellants/defendants have against the concurrent findings of the learned Courts below whereby the suit filed by the respondent/plaintiff for declaration and permanent injunction has been decreed. At the very outset, learned counsel for that the question of law involved in the present appeal as to whether jurisdiction of the Civil Court is barred in view of Section 145 of the Electricity Act, 2003, has since been decided by the Hon’ble Division Bench of this Court in ‘Mahesh Kumar vs. Sub Divisional Officer and Another judgment dated 14.05.2025. In view of the above, the present and the suit filed by the respondent 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Regular Second Appeal No.152 of 2024 (O & M) .2025 Dakshin Haryana Bijli Vitran Nigam and another …..Appellants …..Respondent HON'BLE MS. JUSTICE NIDHI GUPTA Surinder K. Mahajan, Advocate have filed the present appeal against the concurrent findings of the learned Courts below whereby for declaration and permanent outset, learned counsel for the appellants that the question of law involved in the present appeal as to whether jurisdiction of the Civil Court is barred in view of Section 145 of the Electricity Act, 2003, has since been decided by the Hon’ble Division Bench of this Court in RSA-4181-2016, titled as Sub Divisional Officer and Another’ vide the present second appeal is and the suit filed by the respondent-plaintiff stands VIJAY ASIJA 2025.07.11 15.32 I attest to the accuracy and integrity of this document dismissed on the ground of plaintiff is at liberty to take recourse to the appropriate remedy as available, in accordance with 4. made in the impugned judgments and decrees would no res judicata respondent 5. July 10, 202 Vijay Asija Whether speaking/reasoned Yes Whether Reportable Yes / No RSA-152-2024 (O & M) dismissed on the ground of jurisdiction. However, the respondent is at liberty to take recourse to the appropriate remedy as , in accordance with law. It is made clear that any evidence recorded/observations made in the impugned judgments and decrees would no judicata in any subsequent proceedings initiated by the respondent-plaintiff. Pending application(s), if any, shall stands disposed of , 2025 Whether speaking/reasoned Yes / No Whether Reportable Yes / No 2 jurisdiction. However, the respondent- is at liberty to take recourse to the appropriate remedy as It is made clear that any evidence recorded/observations made in the impugned judgments and decrees would not operate as in any subsequent proceedings initiated by the Pending application(s), if any, shall stands disposed of. ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2025.07.11 15.32 I attest to the accuracy and integrity of this document