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2025 DAILYLAW 1553 (PNJ)

DAKSHIN HARYANA BIJLI VITRAN NIGAM LIMITED AND ANOTHER v. SMT SHIMLA DEVI

RSA/1803/2025 · 2026-04-09

Nidhi Gupta

body2025

Judgment text

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IN TH 257 Dakshin H Smt. Shim CORAM: Present:- NIDHI GU 1. against the the suit fil and manda 2. submits tha whether ju 145 of the Hon’ble D ‘Mahesh judgment d RSA-1803-2025 (O & M) IN THE HIGH COURT OF PUNJA AT CHANDIGAR Regular Second Appeal No.18 Date of decision :-09.04.202 hin Haryana Bijli Vitran Nigam Ltd Versus Shimla Devi AM:- HON'BLE MS. JUSTICE NI Mr. Naveen S. Bhardwaj, Adv for the appellants. HI GUPTA J. (Oral) The appellants/defendants hav st the concurrent findings of the lear uit filed by the respondent/plaintiff andatory injunction has been decreed At the very outset, learned that the question of law involved her jurisdiction of the Civil Court is of the Electricity Act, 2003, has s ’ble Division Bench of this Court in hesh Kumar vs. Sub Divisional O ment dated 14.05.2025. 1 UNJAB AND HARYANA IGARH No.1803 of 2025 (O & M) .2026 m Ltd. and another …..Appellants …..Respondent E NIDHI GUPTA j, Advocate have filed the present appeal e learned Courts below whereby intiff for declaration, permanent ecreed. rned counsel for the appellants olved in the present appeal as to urt is barred in view of Section has since been decided by the urt in RSA-4181-2016, titled as nal Officer and Another’ vide VIJAY ASIJA 2026.04.17 09.26 I attest to the accuracy and integrity of this document 3. of notice o further dela 4. appeal is dismissed plaintiff is available, i 5. made in th res judica respondent 6. 7. the respond mentioned April 09, 2 Vijay Asija Whether spea Whether Repo RSA-1803-2025 (O & M) After hearing learned counsel otice of motion is dispensed with at er delay in disposal of the case. In view of the facts mentioned al is allowed, and the suit filed by the issed on the ground of jurisdiction. is at liberty to take recourse to , in accordance with law. It is made clear that any evid in the impugned judgments and dec dicata in any subsequent proce ndent-plaintiff. Pending application(s), if any, The Registry is directed to se espondent herein through Registerd ioned in the Memo of Parties. , 2026 r speaking/reasoned Yes / No r Reportable Yes / No 2 unsel for the appellants, issuance ith at this stage, as it will cause tioned above, the present second by the respondent-plaintiff stands ction. However, the respondent- se to the appropriate remedy as y evidence recorded/observations nd decrees would not operate as proceedings initiated by the if any, shall stands disposed of. d to send a copy of this order to isterd Post at his/her address as ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2026.04.17 09.26 I attest to the accuracy and integrity of this document