Dismissed¶20

Punjab State Power Corporation Ltd. and Another v. Ajay Kumar

Electricity law – Theft of energy

Punjab & Haryana HC3 May 2025SAO/11/2022

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What is this about?

SAO-11-2022 (O&M); Punjab State Power Corporation Ltd. & Anr. v. Ajay Kumar; High Court of Punjab and Haryana at Chandigarh; Anil Kshetarpal, J.; decided 03.05.2025; Electricity Act 2003 Special Court jurisdiction; theft of energy bill-cum-show cause notice; Rs.1,67,726/-; Civil Court jurisdiction; remand to trial Court; appeal dismissed; relied on RFA-445-2021 Punjab State Power Corporation Ltd. v. Kulwinder Singh; RFA-2330-2021; North Delhi Power Ltd. v. Devinder Singh, Civil Appeal No.20842 of 2017.

What did the court decide?

Appeal dismissed; trial Court directed to proceed with the suit; all pending miscellaneous applications, if any, disposed of. ¶20

Punjab State Power Corporation Ltd. and Another Vs Ajay Kumar — Punjab & Haryana HC (2025) — LawSathi Research

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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SAO-11-2022 (O&M) Date of decision: 03.05.2025

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PUNJAB STATE POWER CORPORATION LTD. & ANR.

..Appellants

Versus

AJAY KUMAR

..Respondent

CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

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Present: Mr. Abhilaksh Grover, Advocate for the appellants.

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ANIL KSHETARPAL, J(Oral)

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The defendants assail the correctness of First Appellate Court’s order remitting the matter back to the lower Court for fresh decision. The plaintiff filed a suit for grant of decree of declaration to the effect that billcum-show cause notices issued on 20.05.2011 and 20.01.2015, directing the plaintiff to deposit Rs.1,67,726/- for theft of energy are illegal. The suit was dismissed on a preliminary point of lack of Civil Court’s jurisdiction. The Court formed an opinion that the matter is required to be filed before the Special Court constituted under the Electricity Act, 2003.

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In appeal, the First Appellate Court set aside the aforesaid observation and remitted the matter back to the trial Court.

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In fact, this issue is no longer res integra in view of judgment passed in RFA-445-2021, titled as “Punjab State Power Corporation

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Limited and another Vs. Kulwinder Singh” and RFA-2330-2021, decided

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on 21.12.2021 and a judgment passed by the Supreme Court in North Delhi Power Limited Vs. Devinder Singh and another, Civil Appeal No.20842 of

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MOHD AYUB 2017, decided on 04.12.2017 . 2025.05.07 12:06 I attest to the accuracy and authenticity of this order/judgment.

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SAO-11-2022 (O&M)

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