RAJBIR SEHRAWAT
Dakshin Haryana Bijli Vitran Nigam Ltd. – Appellant
Versus
Jaswant @ Jaibir – Respondent
Mr. Rajbir Sehrawat, J.:- The only question involved in this appeal for consideration by the Court is whether the jurisdiction of the Civil Court is barred under Section 145 of the Indian Electricity Act, in the cases where the demand of the electricity board/department is of the charges based on alleged theft covered under Section 135 of the Electricity Act and further whether the consumer can be suggested the alternate remedy of appeal under Section 127 of the Act in such a case.
2. The facts of this case are that the respondent herein had filed a suit for permanent and mandatory injunction to the effect that defendants be restrained from disconnecting the electricity supply of the meter installed in his premises and they be also restrained from recovering the impugned penalty of Rs. 1,49,200/-; which was imposed by defendant No. 1(appellant herein) vide memo dated 27.01.2006. It was pleaded by the plaintiff/respondent herein that he was having a domestic electricity connection of Atta Chakki bearing no. M-18SP in his premises at village Matarsham Tehsil and District Hisar since 1982. On 15.01.2006 the above said electric meter got fire due to some electric fault/voltage
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