ADDITIONAL EXECUTIVE ENGINEER Vs. KISHOR

JUDGEMENT

(1.) Heard.

(2.) The present Revision Application is filed by the Maharashtra State Electricity Parashan Company Limited, being aggrieved by the order passed by the learned Joint Civil Judge Junior Division, Nagpur below Exhibit No. 9 in Regular Civil Suit No. 574/2022. The Applicants/Defendant Nos. 1 and 2 filed Application under Sec. 9 read with Order VII Rule 11 of the Civil Procedure Code for rejection of the Plaint.

(3.) It is the contention of the Defendants specifically that the jurisdiction of the Civil Court is expressly barred under the provisions of Sec. 145 of the Electricity Act, 2003 (hereinafter referred to as "the said Act"). The Suit is filed against the Defendant - Company for Declaration and Permanent Injunction. The Plaintiffs have also preferred an Application for grant of temporary injunction. The contention of the present Defendants was that in view of the bar under Sec. 145 of the said Act, the Civil Court has no jurisdiction to entertain any Suit or Proceedings in respect of any matter of which Assessing Officer referred to in Sec. 126 or the Appellate Authority referred to in Sec. 127 or the Adjudicating Officer appointed under the said Act is empowered to determine and no injunction shall be granted by any Court in respect of any action taken in pursuance of any power conferred by or under the said Act.