Dakshin Haryana Bijli Vitran Nigam and Another v. Ram Kumar
Case brief
What is this about?
Civil Court jurisdiction barred under Section 145 Electricity Act 2003; electricity supply dispute; DHBVN Dakshin Haryana Bijli Vitran Nigam; suit for declaration and permanent injunction dismissed; second appeal allowed relying on Division Bench decision Mahesh Kumar v. Sub Divisional Officer and Another, RSA-4181-2016 (judgment dated 14.05.2025); liberty to pursue appropriate remedy; no res judicata bar on fresh proceedings; Punjab and Haryana High Court; Nidhi Gupta J.; decided 10.07.2025.
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 as available in accordance with law; evidence/observations in the impugned judgments and decrees not to operate as res judicata in subsequent proceedings; pending application(s), if any, disposed of.