108 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH SAO-11-2022 (O&M) Date of decision: 03.05.2025 PUNJAB STATE POWER CORPORATION LTD. & ANR. ..Appellants Versus AJAY KUMAR ..Respondent CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL Present: Mr. Abhilaksh Grover, Advocate for the appellants. ANIL KSHETARPAL, J(Oral) 1. The defendants assail the correctness of First Appellate Court’s order remitting the matter back to the lower Court for fresh decision. The plaintiff filed a suit for grant of decree of declaration to the effect that bill- cum-show cause notices issued on 20.05.2011 and 20.01.2015, directing the plaintiff to deposit Rs.1,67,726/- for theft of energy are illegal. The suit was dismissed on a preliminary point of lack of Civil Court’s jurisdiction. The Court formed an opinion that the matter is required to be filed before the Special Court constituted under the Electricity Act, 2003. 2. In appeal, the First Appellate Court set aside the aforesaid observation and remitted the matter back to the trial Court. 3. In fact, this issue is no longer res integra in view of judgment passed in RFA-445-2021, titled as “Punjab State Power Corporation Limited and another Vs. Kulwinder Singh” and RFA-2330-2021, decided on 21.12.2021 and a judgment passed by the Supreme Court in North Delhi Power Limited Vs. Devinder Singh and another, Civil Appeal No.20842 of MOHD AYUB2017, decided on 04.12.2017. 2025.05.07 12:06 I attest to the accuracy and authenticity of this order/judgment. SAO-11-2022 (O&M) -2- 4. Keeping in view aforesaid position, the appeal is dismissed. 5. The trial Court is directed to proceed with the suit. 6. All the pending miscellaneous applications, if any, are also disposed of. May 03rd, 2025 (ANIL KSHETARPAL) Ayub JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No MOHD AYUB 2025.05.07 12:06 I attest to the accuracy and authenticity of this order/judgment.