The main legal point established is the jurisdiction of civil courts to challenge illegal or unauthorized assessment/demand notices under Section 135 of the Electricity Act, 2003, despite the existence of special courts for electricity theft cases.

JUDGMENT

Anil Kshetarpal, J. - The petitioner, who is proprietor of M/s Paramjeet Ice factory, calls in question the calculation of electricity dues, for a period of one year, prepared by the respondent-power supply company.

2. Since this Court is of the view that she is required to be relegated to the alternative remedy, therefore, it would not be appropriate to dilate in detail on the various contentions of the learned counsel for the parties. She got installed an electricity connection with a sanctioned load of 100 KV and contracted demand of 100 KVA. The respondent suspected pilferage of electricity and therefore, her premises were checked. The report prepared by the search party, after inspecting the site, is extracted as under:-

"At 10.00 PM dt. 19.06.2020 visited the site of consumer premises and found that consumer is stealing energy by connecting all 3 phases (RYB) with S/C cable Black in colour about 3 mete length each from R-D fuse unit of 11 KV H-Pole structure of Nigam of 11 KV group of industry feeder to distribution transformer 315 KVA capacity installed inside the consumer premises being LS connection. It is also found that the 11 KV H-Pole structure of consumer inside the premises whose GO switch found in open position for effecting/making the meter dead stop intentionally. It is a case of direct theft of energy. M & P wing is called at site and they prepared the checking report MTI-68347 dated 20.06.2020. Videography of the site carried out for evidence. Supply of consumer disconnected".

3. Thereafter, another Joint Checking Report MTI-68347 was prepared which reads as under:

"Visit the site as per telephonic message from XEN "OP" Division Ambala Cantt. XEN "OP" M & P Div. Ambala & SDO "OP" Kesri, Open the MCB for checking the accuracy of meter & found current in all the three phases zero and also the load in the meter display is zero. The same is checked on LT side of Transformer with LT accucheck & found 11 = 109A, 13-117A & Load = 77.1 KW. The current & load in the meter display is zero due to bypassing the meter for stealing the energy. The meter along with metering equipment is handed over to SDO "OP" for n/action as per instruction".

4. Pursuant thereto, an FIR was registered on 22.06.2020. Thereafter, the officials of the respondents proceeded to assess the charges for the alleged pilferage of electricity for a period of one year amounting to Rs. 1,38,87,539/-. This amount includes Rs. 16,00,000/- as compounding fee.

5. She filed a civil suit before the Civil Court at Ambala, with the following prayer:-

"It is, therefore, respectfully prayed that the suit of the plaintiff may kindly be decreed and a decree for declaration to the effect that the checking report i.e. LL-1 bearing No. 5/625, dated 19.06.2020 and the order of assessment bearing memo No. A13/2020/44 dated 20.06.2020, whereby the plaintiff is arbitrarily and illegally called upon by the defendants to pay a sum of Rs.1,22,87,539/- on account of penalty for theft of energy is illegal, null and void and not binding on the rights of the plaintiff and is set aside along with the decree of Mandatory injunction directing the defendants to restore the electricity connection of the plaintiff bearing account No. 5165211000/LS131 wrongly and illegally disconnected by the defendants for not meeting the illegal and unjustified demand of Rs.1,22,87,539/- and decree of Permanent injunction restraining the defendants from recovering from the plaintiff the above mentioned illegal, unjustified and arbitrary amount of Rs.1,22,87,539/- through any coercive means may please be passed in favour of the plaintiff and against the defendants.

AND

Any other relief which this learned Court may deem fit under the facts and circumstances of the present case may please be granted to the plaintiff in the interest of justice, law and equity".

Along with the suit, an application was filed for restoration of the electricity connection. On notice of the suit, respondent filed its writ