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Section 167: Exemption of electric lines or electrical plants from attachment in certain cases

Electricity Act • Official Statutory Text & Practice Guide

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Act 2003
Section 166 All 185 Sections of Electricity Act Section 168

Legal Commentary & Landmark Judgments: Section 167

Section 167 of the Act exempts electric lines and electrical plants from attachment in execution of decrees, providing that lines, meters, and apparatus belonging to a licensee placed on consumer premises shall not be liable to distress or attachment for landlord debts.

  • Immunity of Utility Assets from Third-Party Execution: Protects meters, transformers, and service cables installed on consumer premises from being attached or seized by landlords or execution creditors.
  • Insulation from Consumer Bankruptcy & Insolvency: Ensures that utility-owned electrical assets do not vest in the Official Assignee or Resolution Professional upon the consumer's bankruptcy.
  • Preservation of Essential Public Infrastructure: Prevents disruption of power distribution networks through private landlord-tenant or commercial execution disputes.
Key Landmark Precedents:
  • Brihanmumbai Electric Supply v. MERC (2013) 4 SCC 71: Supreme Court affirmed that utility-owned assets placed on consumer premises remain public property immune from private attachment under Section 167.
  • Radhey Shyam Gupta v. Punjab National Bank (2009) 1 SCC 376: Affirmed the statutory principle shielding public utility property from execution attachment.
  • Power Grid Corp. of India Ltd. v. Century Textiles & Industries Ltd. (2017) 5 SCC 143: Affirmed the sovereign protection of electrical transmission hardware.
Courtroom Practice & Strategic Litigation Guidance:

If a landlord or execution creditor attaches factory machinery that includes a distribution licensee's transformer or HT metering cubicle, file an immediate objection under Section 167; the court is legally bound to release the utility apparatus from attachment.

Section 166 All 185 Sections of Electricity Act Section 168