Case Note & Summary
The petitioner, M/s. Serentica Renewables India Private Limited, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the legality and validity of a civil suit registered as O.S.No.77/2024 pending before the Additional Civil Judge and JMFC, Ron. The respondent, Sri. Basappa, an agriculturist, had filed the suit seeking an injunction to halt the development of a wind power project by the petitioner. The petitioner contended that the civil court lacked jurisdiction because the dispute fell within the exclusive jurisdiction of the Electricity Regulatory Commission under the Electricity Act, 2003, and that the suit was barred by Section 9 of the Code of Civil Procedure, 1908. The High Court examined the nature of the dispute and the relevant statutory provisions. It held that the Electricity Act, 2003, particularly Section 145, bars the jurisdiction of civil courts in matters that are within the purview of the Electricity Regulatory Commission or the Appellate Tribunal. The court found that the suit essentially pertained to the generation and supply of electricity, which is a regulated activity under the Act. Consequently, the court allowed the writ petition, quashed the registration of the suit as void ab initio, and set aside the interim order dated 14.03.2024. The court directed that the respondent may approach the appropriate forum under the Electricity Act, 2003, if so advised.
Headnote
A) Civil Procedure Code - Jurisdiction of Civil Courts - Section 9 CPC - Bar of Jurisdiction - Suit seeking injunction against wind power project is not maintainable as the dispute falls within the exclusive jurisdiction of the Electricity Regulatory Commission under the Electricity Act, 2003 - Held that the civil court lacks jurisdiction to entertain the suit, and the registration of the suit is void ab initio (Paras 1-5).
Issue of Consideration
Whether a civil suit seeking injunction against a wind power project is maintainable in light of the bar under Section 145 of the Electricity Act, 2003, which confers exclusive jurisdiction on the Electricity Regulatory Commission and Appellate Tribunal.
Final Decision
The High Court allowed the writ petition, quashed the registration of O.S.No.77/2024 as void ab initio, and set aside the interim order dated 14.03.2024. The court held that the civil court lacked jurisdiction and the suit was barred under Section 9 CPC read with Section 145 of the Electricity Act, 2003.
Law Points
- Civil court jurisdiction barred when special tribunal has exclusive jurisdiction
- Section 9 CPC
- Electricity Act 2003 Section 145
- maintainability of suit
- writ of certiorari under Articles 226 and 227
Case Details
2024 LawText (KAR) (07) 99
WP No. 102751 of 2024 (GM-CPC)
Sri. H.N. Gularaddi, Sri. Shivaprasad Shantanagoudar
M/s. Serentica Renewables India Private Limited
Sri. Basappa S/o. Yamanurappa
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India challenging the registration and interim order in a civil suit.
Remedy Sought
Petitioner sought a writ of certiorari declaring the suit registration as void ab initio and quashing the interim order dated 14.03.2024.
Filing Reason
Petitioner contended that the civil suit seeking injunction against a wind power project was not maintainable as the civil court lacked jurisdiction due to the bar under Section 145 of the Electricity Act, 2003.
Previous Decisions
The trial court had passed an interim order dated 14.03.2024 in O.S.No.77/2024, which was challenged in this writ petition.
Issues
Whether the civil suit seeking injunction against a wind power project is maintainable in light of the bar under Section 145 of the Electricity Act, 2003?
Whether the registration of the suit and the interim order are liable to be quashed for lack of jurisdiction?
Submissions/Arguments
Petitioner argued that the dispute falls within the exclusive jurisdiction of the Electricity Regulatory Commission under the Electricity Act, 2003, and the civil court has no jurisdiction.
Respondent argued that the suit was maintainable as it pertained to a civil dispute over land and project development.
Ratio Decidendi
The civil court's jurisdiction is barred when a special tribunal has exclusive jurisdiction over the subject matter. Under Section 145 of the Electricity Act, 2003, no civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which the Appropriate Commission or the Appellate Tribunal is empowered to determine. Therefore, a suit seeking injunction against a wind power project, which is a regulated activity under the Act, is not maintainable before a civil court.
Judgment Excerpts
The petitioner is challenging the legality and validity of the suit registered as O.S.No.77/2024, pending before the Additional Civil Judge and JMFC, Ron.
The suit, which pertains to a dispute over an infrastructure project is not maintainable before civil Court and lacks jurisdiction.
The trial court has committed an error in entertaining the suit and passing the interim order.
Procedural History
The respondent filed O.S.No.77/2024 before the Additional Civil Judge and JMFC, Ron, seeking an injunction against the petitioner's wind power project. The trial court passed an interim order on 14.03.2024. The petitioner then filed the present writ petition under Articles 226 and 227 of the Constitution of India challenging the registration of the suit and the interim order. The High Court heard the matter and delivered the judgment on 16.07.2024.
Acts & Sections
- Code of Civil Procedure, 1908 (CPC): Section 9
- Electricity Act, 2003: Section 145
- Constitution of India: Articles 226, 227
