BSES YAMUNA POWER LTD. Vs. SABIR ALI

JUDGEMENT

(1.) THE Appellant has challenged the judgment of the learned Trial Court on various grounds inter alia that the Civil Courts had no jurisdiction to entertain and try the suit and the remedy of the Respondent was to approach the Special Court under the Electricity Act, 2003. The Appellant has referred to and relied upon the Division Bench judgment of this Court in the case of B.L. Kantroo v. BSES Rajdhani Power Ltd., : 154 (2008) DLT 56 (DB).

(2.) THE learned Counsel for the Respondent submits that this plea was not raised by the Appellant before the learned Trial Court. The learned Counsel further submits that the plea of inherent lack of jurisdiction raised by the Appellant is misconceived and the judgment in the case of B.L. Kantroo (Supra) referred to by the Appellant is clearly distinguishable.

(3.) IN the facts and circumstances of this case, this case needs to be remanded back to the learned Trial Court for a finding on the plea of inherent lack of jurisdiction raised by the Appellant.