IN THE HIGH COURT OF PUNJAB AND HARYANA 130 Executive Engineer (OP) Uttar Haryana Bijli Tehsil Assandh, District Karnal Balkar CORAM: Present:- NIDHI GUPTA CM-10761 RSA-303 1. against the concurrent findings of the learned Courts below whereby the suit filed by the consequential relief of 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 Sect 145 of the Electricity Act, 2003, has since been decided by the Hon’ble Division Bench of this Court in RSA-3040-2025 (O & M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Regular Second Appeal No.30 Date of decision :-02.09.2025 Executive Engineer (OP) Uttar Haryana Bijli Tehsil Assandh, District Karnal Versus CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA Mrs. Vasundhra Asija Bhandari, Advocate Mr. Mrinal Dewan, Advocate for the appellant. NIDHI GUPTA J. (Oral) 61-C-2025 Allowed as prayed for. 3030-2025 The appellant/defendant has against the concurrent findings of the learned Courts below whereby the suit filed by the respondent/plaintiff consequential relief of permanent injunction has been 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 Sect 145 of the Electricity Act, 2003, has since been decided by the Hon’ble Division Bench of this Court in 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Regular Second Appeal No.3040 of 2025 (O & M) .2025 Executive Engineer (OP) Uttar Haryana Bijli Vitran Nigam Ltd., …..Appellant …..Respondent HON'BLE MS. JUSTICE NIDHI GUPTA Mrs. Vasundhra Asija Bhandari, Advocate with Mr. Mrinal Dewan, Advocate has filed the present appeal against the concurrent findings of the learned Courts below whereby respondent/plaintiff for declaration with permanent injunction has been decreed. outset, learned counsel for the appellant 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 VIJAY ASIJA 2025.09.02 19.10 I attest to the accuracy and integrity of this document ‘Mahesh judgment dated 14.05.2025. 3. of notice of motion is dispensed with at this stage, as it will cause further delay in disposal of the case. 4. appeal is dismissed on the ground of jurisdiction. However, the respondent plaintiff is at liberty to take recourse to the appropriate remedy as available, in accordance with 5. made in the impugned judgments and decrees would not operate as res judicata respondent 6. September 0 Vijay Asija Whether speaking/reasoned Yes / No Whether Reportable Yes / No RSA-3040-2025 (O & M) ‘Mahesh Kumar vs. Sub Divisional Officer and Another judgment dated 14.05.2025. After hearing learned counsel for the of notice of motion is dispensed with at this stage, as it will cause further delay in disposal of the case. In view of the facts mentioned above, appeal is allowed, and the suit filed by the respondent 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 made in the impugned judgments and decrees would not operate as judicata in any subsequent proceedings initiated by the respondent-plaintiff. Pending application(s), if any, shall stands disposed of September 02, 2025 Whether speaking/reasoned Yes / No Whether Reportable Yes / No 2 Sub Divisional Officer and Another’ vide After hearing learned counsel for the appellant, issuance of notice of motion is dispensed with at this stage, as it will cause of the facts mentioned above, the present second suit filed by the respondent-plaintiff stands dismissed on the ground of 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 2025.09.02 19.10 I attest to the accuracy and integrity of this document