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Section 145: Civil court not to have jurisdiction

Electricity Act • Official Statutory Text & Practice Guide

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Act 2003
Section 144 All 185 Sections of Electricity Act Section 146

Legal Commentary & Landmark Judgments: Section 145

Section 145 of the Electricity Act, 2003 enacts a strict statutory bar of civil court jurisdiction, providing that no civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which an assessing officer under Section 126, an appellate authority under Section 127, or the Adjudicating Officer is empowered to determine.

  • Absolute Exclusion of Civil Court Jurisdiction: Bars all civil courts from granting injunctions or entertaining suits concerning Section 126 assessments, Section 127 appeals, or regulatory penalty adjudications.
  • Prevention of Collateral Injunction Tactics: Stops consumers from obtaining ex-parte civil court injunctions to stall disconnection or evade statutory pre-deposits in unauthorized use cases.
  • Statutory Exclusivity of Specialized Remedies: Channelizes all legal remedies exclusively through the specialized authorities, Special Courts, and High Courts under constitutional writ jurisdiction.
Key Landmark Precedents:
  • Executive Engineer, Southern Electricity Supply Co. of Orissa v. Sri Seetaram Rice Mill (2012) 2 SCC 108: Landmark ruling: Supreme Court affirmed that Section 145 creates an absolute bar against civil courts entertaining challenges to Section 126 assessments; the statutory remedies under the Act are complete and exhaustive.
  • Prem Cottex v. Uttar Haryana Bijli Vitran Nigam Ltd. (2021) 16 SCC 497: Supreme Court reiterated that civil courts have no jurisdiction to restrain electricity disconnection where statutory assessment proceedings under Section 126 are underway.
  • Dhulabhai v. State of M.P. AIR 1969 SC 78: Constitution Bench classical test: where a special statute creates a specialized liability and complete appellate machinery with an express exclusionary clause, civil jurisdiction is ousted.
Courtroom Practice & Strategic Litigation Guidance:

If a consumer files a civil suit for permanent injunction restraining the licensee from recovering a Section 126 assessment or disconnecting supply, file an immediate application under Order VII Rule 11 CPC citing Section 145 and Sri Seetaram Rice Mill to secure instant rejection of the plaint.

Section 144 All 185 Sections of Electricity Act Section 146