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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
AMARINDER SINGH GREWAL
Dakshin Haryana Bijli Vitran Nigam Limited – Appellant
Versus
Mahabir – Respondent
| Table of Content |
|---|
| 1. decree for illegal charges in electricity bill. (Para 1 , 2) |
| 2. trial court's findings on evidence. (Para 3 , 4 , 5) |
| 3. jurisdiction issues under electricity act. (Para 6) |
| 4. court analysis of jurisdiction. (Para 7 , 8) |
| 5. dismissal of appeal; orders upheld. (Para 9 , 10) |
JUDGMENT :
AMARINDER SINGH GREWAL, J.
C.M No.9423-C of 2025
The instant application has been filed under Section 5 of the Limitation Act, 1963 for condonation of delay of 31 days in filing the appeal.
For the reasons stated in the application, the same is allowed and delay of 31 days in filing the appeal is condoned.
RSA No.2716 of 2025 (O&M)
1. The defendants are the appellants before this Court challenging the judgment and decree dated 19.04.2019 passed by the learned trial Court decreeing the suit for declaration and permanent injunction filed by the respondents-plaintiffs and the judgment dated 02.04.2025 passed by the learned 1st Appellate Court vide which the appeal preferred by them against the aforesaid judgment and decree passed by the learned trial Court, has been dismissed.
2. In brief, the facts are that the respondents-plaintiffs had filed the suit for declaration to the effect that a sum of
Civil Court jurisdiction is barred under Section 145 of the Electricity Act for proceedings related to unauthorized electricity use unless the proper assessment procedure is followed.
The violation of statutory provisions and principles of natural justice allows for the challenge before the Civil Court, despite the jurisdiction bar under Section 145 of the Act.
The assessing officer has no authority to pass any order regarding assessment of liability and penalty against a consumer if proceedings for theft under Section 135 of the Electricity Act, 2003 are i....
The jurisdiction of Civil Courts is barred in matters concerning electricity demand assessments under the Electricity Act, 2003, requiring parties to exhaust statutory remedies before seeking judicia....
The court held that a licensee can correct a bona fide mistake in billing even after the two-year limitation period for recovery of dues under Section 56(2) of The Electricity Act, 2003.
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