Dakshin Haryana Bijli Vitran Nigam Ltd. v. Inder Singh
Case brief
What is this about?
RSA-1375-2024 (O&M), Punjab & Haryana High Court Chandigarh, Justice Nidhi Gupta (oral), decided 18.07.2025: DHBVNL Jind (appellants, counsel Geeta Rani) v. Inder Singh (respondent, unrepresented). Second appeal allowed; plaintiff's suit for declaration and mandatory injunction dismissed on ground of jurisdiction - Civil Court jurisdiction barred under Section 145, Electricity Act 2003, per Division Bench ruling relied upon: Mahesh Kumar vs. Sub Divisional Officer and Another, RSA-4181-2016 (judgment dated 14.05.2025). Plaintiff free to pursue appropriate remedy in accordance with law; evidence/observations in decreed judgments declared not res judicata for future proceedings; pending applications disposed of.
What did the court decide?
Second appeal allowed; respondent-plaintiff's suit for declaration and mandatory injunction dismissed on the ground of jurisdiction (Civil Court jurisdiction barred per Section 145, Electricity Act 2003, as settled in RSA-4181-2016 dated 14.05.2025); respondent-plaintiff left at liberty to pursue the appropriate available remedy in accordance with law; evidence/observations in the impugned judgments and decrees directed not to operate as res judicata in subsequent proceedings; pending applications, if any, disposed of.