Uttar Haryana Bijli Vitran Nigam v. Deshraj
Case brief
What is this about?
Punjab & Haryana High Court, Chandigarh (Nidhi Gupta J., oral order dated 28.07.2025) in RSA-1299-2025 (O & M): Uttar Haryana Bijli Vitran Nigam vs. Deshraj. Second appeal allowed; plaintiff's suit for declaration with consequential permanent injunction dismissed on the ground that Civil Court jurisdiction is barred under Section 145 of the Electricity Act, 2003, following the Division Bench ruling in RSA-4181-2016, Mahesh Kumar vs. Sub Divisional Officer and Another (judgment dated 14.05.2025). Plaintiff left free to pursue the appropriate remedy; findings/evidence in the impugned judgments and decrees expressly declared non-res judicata for future proceedings. Useful for: S.145 Electricity Act jurisdiction bar, maintainability of civil suits against electricity utility actions, effect of dismissal on jurisdiction.
What did the court decide?
Second appeal allowed; suit filed by the respondent-plaintiff dismissed on the ground of jurisdiction; respondent-plaintiff at liberty to take recourse to the appropriate remedy in accordance with law; evidence recorded/observations made in the impugned judgments and decrees not to operate as res judicata in subsequent proceedings; pending application(s), if any, stand disposed of.