PHULYA @ PHOOL CHAND MEENA Vs. JAIPUR VIDHYUT VITRAN NIGAM LIMITED, JAIPUR & ANOTHER
LAWS(RAJ)-2011-2-213
HIGH COURT OF RAJASTHAN
Decided on February 09,2011

Phulya @ Phool Chand Meena Appellant
VERSUS
Jaipur Vidhyut Vitran Nigam Limited, Jaipur And Another Respondents

JUDGEMENT

- (1.) Heard learned counsel for the appellant.
(2.) Plaintiff-appellant filed a suit for permanent injunction in the trial court against defendants challenging the raising of so-called illegal demand of Rs. 41,411/- in the electricity bill for the month of April, 2004 and threatening to disconnect the electricity connection from the well situated in his field.
(3.) Suit was contested by the defendants. On the basis of pleadings of the parties, learned trial court framed five issues. Issue No. 2 was about not raising dispute before Re-Conciliation Committee and presentation of suit in the trial court directly. Trial court came to a conclusion that in view of Sections 126 and 145 of the Electricity Act, 2003, the jurisdiction of civil court is barred. Other issues were also decided on merits. Trial court ultimately dismissed the suit. First appeal was preferred by the plaintiff, but the same was also dismissed. Hence, this second appeal has been preferred on behalf of the plaintiff.;


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