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HIGH COURT OF GUJARAT
MRS. JUSTICE SUNITA AGARWAL, CJ, MR. JUSTICE PRANAV TRIVEDI, J
RAJESHKUMAR GOVARDHANDAS MODI – Appellant
Versus
PGVCL – Respondent
ORDER :
SUNITA AGARWAL, C.J.
1. The present petition has been filed invoking the extraordinary supervisory jurisdiction of this Court under Article 227 of the Constitution of India, seeking for quashing of the order dated 17.10.2024 passed by the Commercial Court, Khambhaliya, rejecting application Exhibit 113 filed in Commercial Suit No. 19 of 2019.
2. The sole ground to challenge the order impugned is that the claim for rejection of the plaint/return of plaint was made by the petitioner at a highly belated stage. Challenging this order, initially it is sought to be argued by the learned counsel for the petitioner in a matter of theft of electricity, the jurisdiction lies with the Special court in view of Section 153 and 154 of the Electricity Act, 2003 . The suit for recovery of the dues on the allegations of theft of electricity was initially filed as a civil suit before the Civil court. However, the said suit had been transmitted to the Commercial Court and registered as Commercial Civil Suit No. 19 of 2019.
3. Taking note of the submissions made by the learned counsel for the petitioner with regard to the jurisdiction of the Special court as conferred under Section 154 of the Elec
The jurisdiction for civil liability in electricity theft cases lies with the Commercial Court, not the Special Court, which handles criminal offences.
Section 135 of 2003 Act deals with an offence of theft of electricity and penalty that can be imposed for such theft. This squarely falls within dimensions of criminal jurisprudence and mens rea is o....
The determination of civil liability under Section 154 (5) of the Electricity Act is independent of the criminal proceeding and should be dealt with separately by the Special Court.
Civil Court jurisdiction is barred under Section 145 of the Electricity Act only for matters arising from Section 126; consumers can invoke Civil Court for disputes involving Section 135 liabilities.
The High Court cannot adjudicate on writ petitions involving disputed questions of fact, especially when jurisdiction is conferred on Special Courts under the Electricity Act, 2003.
Civil liabilities for electricity theft must be determined by a Special Court, and actions based on provisional assessments are invalid post-exoneration.
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