R.S.A.No.1248 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.S.A.No.1248 of 2009 Date of Decision : 23.7.2009 Dakshin Haryana Bijli Vitran ...Appellants Nigam Limited and others Versus M/s Siswalia Enterprises ...Respondent CORAM:HON'BLE MR. JUSTICE HEMANT GUPTA Present: Mr. B.S.Rana, Advocate, for the appellants. HEMANT GUPTA, J. (ORAL) This order shall dispose of R.S.A.Nos.1248 of 2009 and 1664 of 2009. The defendants are in second appeal aggrieved against the judgment and decree passed by the Courts below, whereby the suit for declaration filed by respondent challenging the order dated 11.12.2003, was decreed. The sole argument raised by the learned counsel for the appellant is that in terms of Section 145 of the Electricity Act, 2003 the jurisdiction of Civil Court is barred. It may be noticed that it was on 2.4.2003 when the electric connection of the plaintiff-firm was checked and a penalty of Rs.11,05,007/- was imposed upon the plaintiff vide memo dated 7.4.2003. On representation, the amount was recalculated and reduced to Rs.4,58,161/-. On deposit of said amount, the election supply was R.S.A.No.1248 of 2009 2 restored. The plaintiff thereafter filed an appeal against the payment of Rs.4,58,161/-, which was partly accepted and refund of Rs.2,53,447/- was allowed. Since, the remaining amount was not allowed to be refunded, the plaintiff filed the present suit for declaration, which has been decreed by the Courts below. Learned counsel for the appellants has vehemently argued that though the Electricity Act, 2003 came into force on 10.6.2003 with the publication of the aforesaid Act in the Official Gazette i.e. after the checking of the meter on 2.4.2003, but in terms of Section 185 (2)(a) read with Section 145 of the Act, the jurisdiction of the Civil Court is barred. Section 145 of the Electricity Act reads as under : “145. Civil Court not to have jurisdiction - No Civil Court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which an assessing officer referred to in Section 126 or an appellate authority referred to in Section 127 or the adjudicating officer appointed under this Act is empowered by or under this Act to determine and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act.” The cause of action arose to the plaintiff on the date of checking of the meter on 2.4.2003 and subsequently when the demand was raised on 7.4.2003. Therefore, the question whether the Civil Court have jurisdiction has to be examined with reference to the aforesaid date. The said date is prior to enactment of the Electricity Act, 2003. Sub R.S.A.No.1248 of 2009 3 Section 2 of Section 185 of the Act provides continuity of action taken by the Board prior to repeal of the Act. The provisions of the Act have not given retrospective effect and will not bar the jurisdiction of the Civil Court in the matter arising out of the checking of the meter on 2.4.2003. In view of the said fact, I do not find that any substantial question of law arises for consideration of this Court in the present second appeal. Dismissed. 23.7.2009 (HEMANT GUPTA) Vimal JUDGE