Dismissed

Gurudawara Singh Sabha v. Uttar Haryana Bijli Vitran Nigam Ltd. & Anr.

Punjab & Haryana HC21 May 2014RSA/4972/2012

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana dismissed the appellant's challenge to the lower courts' decrees regarding an electricity arrears dispute. Citing Section 102 CPC and the Supreme Court's view in Haryana Dairy that superior courts should not be burdened with petty litigation, the Court declined interference as no substantial question of law arose.

What did the court decide?

Appeal dismissed; impugned judgments and decrees of the Courts below upheld.

Gurudawara Singh Sabha Vs Uttar… — Civil Procedure and Limitation | Punjab & Haryana HC (2014)

¶1

RSA No.4972 of 2012 (O&M)

¶2

¶3

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

¶4

RSA No.4972 of 2012 (O&M) Date of decision:21.05.2014

¶5

Gurudawara Singh Sabha

¶6

....Appellant

¶7

Versus

¶8

Uttar Haryana Bijli Vitran Nigam Limited and another

¶9

....Respondents

¶10

CORAM:- HON'BLE MR. JUSTICE RAKESH KUMAR GARG

¶11

Whether reporters of local newspapers may be allowed to see judgment?

¶12

To be referred to reporters or not?

¶13

Whether the judgment should be reported in the Digest?

¶14

Present:- Mr. Sandeep Moudgil, Advocate

¶15

for the appellant.

¶16

Mr. G.S.Hooda, Advocate for the respondents.

¶17

RAKESH KUMAR GARG, J (ORAL)

¶18

Plaintiff-appellant filed a suit for declaration to the effect that the demand of `17,357/- raised by the respondent as arrears of electricity consumption charges is bad, illegal and not binding upon his rights seeking further consequential relief of permanent injunction restraining the defendant-respondents to disconnect the electricity connection from its premises.

¶19

The suit was contested by the defendant-respondents on

¶20

the ground that demand was raised legally for the outstanding amount against the appellant.

¶21

Kadian Savita 2014.05.26 09:45 I attest to the accuracy and integrity of this document High Court Chandigarh

¶22

RSA No.4972 of 2012 (O&M)

¶23

¶24

Both the Courts below on appreciation of evidence recorded a concurrent finding against the appellant holding that demand of `17,357/- as arrears of electricity consumption charges was based on the record i.e. audit report etc.

¶25

Challenging the aforesaid judgments and decrees of the Courts below, learned counsel for the appellant has vehemently argued that the impugned judgments and decrees of the Courts below are liable to be set aside as both the Courts below have ignored the fact that before raising the demand, no notice was issued to the appellant and thus, he was condemned unheard.

¶26

Be that as it may, keeping in view the meagre amount involved in the suit itself and keeping in view the provisions of Section 102 CPC, this Court is not inclined to interfere in the impugned judgments and decrees of the Courts below observing that substantial questions of law, as raised, do not arise.

¶27

At this stage, it is also useful to refer to the observations of Hon'ble the Supreme Court in the case of Haryana Dairy

¶28

Development Cooperative Federation Limited vs. Jagdish Lal (2014) 3 SCC 156 wherein the fact has been noticed that superior Courts are burdened and choked with unnecessary litigation on petty issues.

¶29

Dismissed.

¶30

May 21, 2014 savita

¶31

(RAKESH KUMAR GARG) JUDGE

¶32

Kadian Savita 2014.05.26 09:45 I attest to the accuracy and integrity of this document High Court Chandigarh

Gurudawara Singh Sabha v. Uttar Haryana Bijli Vitran Nigam Ltd. & Anr.

Case brief

What is this about?

What did the court decide?

Gurudawara Singh Sabha v. Uttar Haryana Bijli Vitran Nigam Ltd. & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Telu Ram Vs Mahabir Singh

Darshan Singh Vs Sadhu Singh and Ors.

Jangir Singh Vs Joginder Singh and Others

Gurmail Vs Amrit Rani Chopra and Ors.

Sajjan Singh Vs Jaswant Kaur

Gurdev Singh Vs Surinder Kaur and Ors.