The main legal point established in the judgment is the prima facie bar on the civil court's jurisdiction in matters falling under the Electricity Act, as well as the strict interpretation of the Act's provisions in determining the applicability of the civil court's jurisdiction.

Vinod K.Sharma, J.

1. The petitioner by way of present revision petition has challenged the order dated 23.5.2005 passed by the learned Additional District Judge, Panipat, vide which the application moved by the respondent-plaintiff herein under Order 39 Rules 1 and 2 of the Code of Civil Procedure has been accepted by passing the following order:

Keeping in view above discussion, the impugned order passed by the learned trial Court is modified and it is directed that the plaintiff shall deposit an amount of Rs. 15,88,898/- with the defendants within a period of seven days from the date of passing of the order and on deposit of such an amount the defendants shall restore the electrical connection of the plaintiff and that too within a period of two days from the date of deposit of said amount. The appeal stands disposed of accordingly.

2. The plaintiff-respondent has filed a suit seeking a decree of declaration with a consequential relief of permanent injunction with the averments that the plaintiff is a private company and is consumer having electricity connection bearing No. LS 8 with sanctioned load of 999.612 K.Ws. The premises of plaintiff-respondent was checked by ADV along with other staff on 12th of January 2005 from 3.15 a.m. to 8.30 a.m. and the plaintiff-respondent was found committing theft of electric energy by using illegal means. The directions for deposit of Rs. 1,24,71,185/- (Rs. one crore twenty four lacs seventy one thousand one hundred eighty five only) were issued. It is further stated that on deposit of the said amount, electric connection was to be restored.

3. The learned trial Court ordered the restoration of electricity on deposit, of Rs. 80,00,000/- (Rs. Eighty lacs only).

4. In appeal, the order reproduced above was passed.

5. Mr. Girish Agnihotri, learned Counsel appearing on behalf of the petitioner argued that (he order passed by the learned lower Appellate Court was without jurisdiction as the jurisdiction of the civil Court is barred under Section 145 of the Electricity Act, 2003 (hereinafter referred to as the Act) Sections 126, 127 and 145 of the Act are reproduced below for ready reference:

126. Assessment.- (1) If on an inspection of any place or premises or after inspection of equipments, gadgets, machines, devices found connected or used, or after inspection of records maintained by any person, the assessing officer comes to the conclusion that such person is indulging in unauthorized use of electricity, he shall provisionally assess to the best of his judgment the electricity charges payable by such person or by any other person benefited by such use.

(2) The order of provisional assessment shall be served upon the person in occupation or possession or in charge of the place or premises in such manner as may be prescribed.

(3) The person, on whom a notice has been served under Sub-section (2), shall be entitled to file objections, if any, against the provisional assessment before the assessing officer, who may, after affording a reasonable opportunity of hearing to such person, pass a final order of assessment of the electricity charges payable by such person.

(4) Any person served with the order of provisional assessment may, accept, such assessment and deposit the assessed amount with the licensee within seven days of service of such provisional assessment order upon him: Provided that in case the person deposits the assessed amount, he shall not be subjected to any further liability or any action by any authority whatsoever.

(5) If the assessing officer reaches to the conclusion that unauthorized use of electricity has taken place, it shall be presumed that such unauthorized use of electricity was continuing for a period of three months immediately proceeding the date of inspection in case of domestic and agricultural services and fora period of six months immediately preceding the date of inspection for all other categories of services, unless the onus is rebutted by the pers