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SANJAY K. AGRAWAL, AMITENDRA KISHORE PRASAD
SKS Ispat & Power Limited – Appellant
Versus
South Eastern Coalfields Limited – Respondent
ORDER :
Sanjay K. Agrawal, J.
1. Feeling aggrieved and dissatisfied with the judgment & decree dated 18-5-2018 passed by the Judge, Commercial Court (District Level), Naya Raipur in Civil Suit No.5A/2016, this instant first appeal has been preferred under Section 96 of the CPC read with Section 13 of the Commercial Courts Act, 2015, by which the plaintiff/appellant’s Civil Suit No.5A/2016 titled as SKS Ispat & Power Limited v. South Eastern Coalfields Limited has been dismissed by the Commercial Court holding that the suit filed by the appellant herein/plaintiff is hit by the principle of res judicata enshrined in Section 11 of the CPC and the plaintiff is not entitled for exclusion of time spent in writ proceedings before this Court, as Section 14(1) of the Limitation Act, 1963 would have no application.
(For the sake of convenience, parties hereinafter shall be referred as plaintiff and defendant as per their status given by the Commercial Court in the suit.)
Plaintiff's suit: -
2. The plaintiff/appellant herein is a company incorporated under the provisions of the Companies Act, 1956, inter alia, engaged in the business of Steel and Power having its registered office at Mumbai and si
The principle of res judicata applies to findings in prior writ proceedings, barring re-litigation in subsequent civil suits, and the suit was also barred by limitation.
The principle of res judicata and the provisions of Order XIV Rule 2 of the Code of Civil Procedure, 1908 were central to the court's decision.
A disputed question cannot be decided as a preliminary issue.
A winding-up petition may allow exclusion of time from limitation calculations if prosecuted in good faith and relates to the same matter as the subsequent claims.
The principle of constructive res judicata bars re-litigation of claims that could have been addressed in prior proceedings, establishing finality in judicial decisions.
Section 14 of the Limitation Act applies to petitions under Section 34 of the Arbitration Act, allowing exclusion of time spent in an incorrect forum if acted upon with due diligence.
The limitation period for challenging an arbitral award under Section 34 starts from the disposal of a Section 33 application, not from the receipt of the award.
The question of limitation in a suit involving a sick industrial company is a mixed question of law and fact, requiring a full trial to resolve.
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