INDIAN ICE FACTORY Vs. UTTAR HARYANA BIJLI VITRAN NIGAM LTD AND ANOTHER
LAWS(P&H)-2014-8-461
HIGH COURT OF PUNJAB AND HARYANA
Decided on August 27,2014

INDIAN ICE FACTORY Appellant
VERSUS
Uttar Haryana Bijli Vitran Nigam Ltd And Another Respondents

JUDGEMENT

- (1.) M/s Indian Ice Factory-petitioner/plaintiff has filed this civil revision petition against Uttar Haryana Bijli Vitran Nigam Ltd. etc.- respondents/defendants under Article 227 of the Constitution of India for quashing the order dated 25.10.2013 (Annexure-P.6) passed by the learned Civil Judge (Junior Division), Kurukshetra, whereby the application filed by the respondents/defendants under Order 7 Rule 11 C.P.C. seeking rejection of the plaint on the ground of jurisdiction, has been chosen to be allowed and the plaint of the suit filed by the petitioner has been ordered to be returned.
(2.) I have heard learned counsel for the petitioner and have gone through the record.
(3.) From the record, I find that as per the order dated 25.10.2013, the learned Civil Judge (Junior Division), Kurukshetra has allowed the application of the defendants/respondents filed under Order 7 Rule 11 C.P.C. on the ground that it is clearly provided in the Electricity Act, 2003 (hereinafter referred to as 'the Act') itself that appeals of the proceedings taken place under Section 126 of the Act will be entertained by the appellate authority specifically provided under Section 127 of the Act and by virtue of Section 145 of the Act, the jurisdiction of civil Court has been expressly barred.;


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