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2013 Supreme(P&H) 1202

RAMESHWAR SINGH MALIK
Uttar Haryana Bijli Vitran Nigam – Appellant
Versus
Harjit Singh – Respondent


Advocates Appeared:
Mr. Suyash M. Guru, Advocate for the Petitioner.

JUDGMENT

RAMESHWAR SINGH MALIK, J.

The short but important question of law that falls for consideration of this court in the instant writ petition is, whether the civil court jurisdiction under Section 145 of the Electricity Act, 2003 (for short the Act) for determining any issue arising under Section 56 of the Act is barred or it would be restricted only qua the issues arising out of any order passed under Sections 126 and 127 of the Act.

Facts first. The present writ petition is directed against the order dated 3.12.2012 (Annexure P-1), passed by the learned Civil Judge (S.D.) Naraingarh, whereby the learned Civil Judge issued direction to the petitioner to restore the electric connection, subject to deposit of an amount of 40% of bill amount by the plaintiff within 15 days. The impugned order came to be passed by the learned Civil Judge in an application filed under Order 39 Rules 1 and 2 read with Section 151 CPC in the suit for declaration. The suit was filed by the present respondent challenging the action of the petitioner, disconnecting his electric supply in alleged default of payment of electricity charges. The respondent alleged that the electricity bill (Annexure P-2) ra





































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