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november 2008

Supreme Court of India · 2008-11-11

Haryana Vidyut Parsaran Nigam Ltd.& Ors vs M/S. Super Star Grit Udyog

Citation / case number
AIR 2009 SUPREME COURT 1175
Court
Supreme Court of India
Petitioner
Haryana Vidyut Parsaran Nigam Ltd.& Ors
Respondent
M/S. Super Star Grit Udyog
Author
Arijit Pasayat
Bench
Mukundakam Sharma, Arijit Pasayat

Judgment text excerpt

The Supreme Court held that under the Indian Electricity (Haryana Amendment) Act, 1998, specifically the amended Section 24 of the Indian Electricity Act, 1910, civil courts lack jurisdiction to entertain suits regarding payment disputes between consumers and licensees unless the consumer has exhausted all remedies and deposited a portion of the outstanding amount. The Court found that the lower courts erred in maintaining the suit despite the clear statutory bar, thus ruling that the suit was not maintainable. The appeal was allowed, overturning the High Court's decision.

Haryana Vidyut Parsaran Nigam Ltd.& Ors vs M/S. Super Star Grit Udyog · Niyam