PUNJAB STATE ELECTRICITY BOARD AND ANR. versus ASHWANI KUMAR

By necessary implication, suit for declaration/injunction against recovery of electricity charges is not maintainable before civil courts; party must first avail statutory remedies and Board instructions for appeal/review.

Parties: Appellant: Punjab State Electricity Board; Respondent: Ashwani Kumar
Jurisdiction: India
Judgment Date: 14 March 1997
Procedural Posture: Civil Appeal / Final Judgment
Outcome: appeal allowed
Legal Topics: Arrears of Electricity Charges, Recovery, Civil Suit for Injunction, Maintainability of Suit, Availability of Statutory Remedy

Electricity Law Civil Procedure Arrears of Electricity Charges Recovery Civil Suit for Injunction Maintainability of Suit Availability of Statutory Remedy

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Parties

Punjab State Electricity Board

Appellant

Ashwani Kumar

Respondent

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

1 Whether civil court can entertain a suit for permanent injunction restraining recovery of electricity charges where statutory remedies are available

Ratio Decidendi

Court Disposition

appeal allowed

Orders

Suit not maintainable; respondent at liberty to file departmental appeal within six weeks and raise objections; Board/appellate authority to consider and dispose them on merits.
Respondent to pay amount in demand in six monthly instalments; first instalment by April 5, 1997.