Full Order Text
Final Order 8 · 30 Jul 2026 · CNR DLNE030002672026
Order Details: COPY OF ORDER Pdf Text: Civ Suit 162/26 CNR No. DLNE03-000267-2026 Vishal Bhati vs. BSES Yamuna Power Limited 30.07.2026 Present: None. Vide this order, I shall dispose off the application u/o VII Rule 10 CPC filed on behalf of defendant. It is stated in the application that present suit has been filed by plaintiff for seeking declaration, permanent and mandatory injunction with respect to electricity assessment bill, the value of which exceeds Rs. 5,71,584/-. It is further stated that plaint discloses that suit is beyond the pecuniary jurisdiction of the court, therefore, liable to be rejected/returned in accordance with law. Perusal of record shows that the plaintiff has sought the relief of declaration against the bill amounting to Rs. 5,71,584/-. It is settled law that plaint in which, the simplicitor injunction against the recovery prayed for, it is essential for the plaintiff to pay ad valorem court fees under Court Fees Act Section 7(IV). Hon'ble High Court of Delhi has also clarified the same issue in the judgment titled as Sarjiwan Singh vs. Delhi Vidyut Board decided on 16.03.2004 in C.R. No. 1186/1997. In view of same, the plaintiff is directed to file ad valorem court fees on the quantum of bill. -- 1 of 2 -- The above application filed by defendant is hereby allowed. The impugned bill is beyond the pecuniary jurisdiction of this court. Accordingly, this court exercise power u/o 7 Rule 10 CPC and original plaint alongwith annexures is returned to plaintiff against filing of certified copies thereof and proper receiving. The plaintiff shall also file the affidavit thereby specifying that in which court of competent jurisdiction the plaintiff will file the present suit. Application disposed off accordingly and file be consigned to record room after completion of due formalities. AJAY KUMAR MALIK JSCC/ASCJ/G.JUDGE (N/E) 30.07.2026 -- 2 of 2 --