NDPL vs Ganga Plastic

J.R. Midha

TheAppellant 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 theRespondent was to approach the Special Court under the Electricity Act, 2003. TheAppellant 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).

The learned Counsel for theRespondent submits that this plea was not raised by theAppellant before the learned Trial Court. The learned Counsel for theRespondent further submits that the action was taken by theAppellant pursuant to the Delhi Electricity Regulatory Commission (Performance Standards-Metering and Billing) Regulations, 2002 framed u/s 61 of the Delhi Electricity Reforms Act, 2000 and not under the Delhi Electricity Supply Code and Performance Standards Regulations, 2007 framed u/s 50 of the Electricity Act, 2003 and, therefore, the judgment in the case of B.L. Kantroo (Supra) is not applicable to the facts and circumstances of the present case.

The learned Counsel for theAppellant submits that new plea relating to inherent lack of jurisdiction can be raised at any stage. The learned Counsel for theAppellant refers to and relies upon the judgment of the Apex Court in the case of Chandrika Misir and Another Vs. Bhaiya Lal, where it was held that a new plea relating to inherent lack of jurisdiction can be raised at any stage even if it was not raised before the learned Trial Court.

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 theAppellant.

In view of the above, the case is remanded back to the learned Trial Court to give a finding on the plea of theAppellant relating to inherent lack of jurisdiction of the Civil Court after hearing both the parties. It is clarified that this Court has not examined the merits of the case and, therefore, the parties shall be entitled to challenge the finding of the learned Trial Court on the merits of the case after the decision of the issue of jurisdiction. The appeal is disposed of on the above terms.

Both the parties shall appear before the learned Trial Court on 17th October, 2011 when the learned Trial Court shall fix the date for hearing of both the parties on the issue of inherent lack of jurisdiction of the Civil Court. The learned Trial Court shall expedite the hearing in the matter.

LCR be returned back immediately through a special messenger.

Copy of this order be given "Dasti" to learned Counsels for both the parties under signature of Court Master.