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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
RAJNESH OSWAL, RAHUL BHARTI
HSL Enterprises, Through Its Proprietor Namely, S. Harvinder Singh Lahri – Appellant
Versus
Thermax Ltd. – Respondent
| Table of Content |
|---|
| 1. appeal against time-barred suit dismissal. (Para 1 , 2 , 3) |
| 2. bona fide writ pursuit despite maintainability objections. (Para 4 , 5 , 6 , 11 , 12 , 13 , 14 , 15) |
| 3. due diligence essential for section 14 exclusion. (Para 7 , 8) |
| 4. section 14 pleas averred in plaint mandatory. (Para 9 , 10) |
| 5. no diligence lack from pendency or restoration. (Para 16 , 17 , 18) |
| 6. section 14 conditions satisfied per precedents. (Para 19 , 20 , 21 , 22) |
| 7. impugned order set aside; suit remitted. (Para 23 , 24 , 25 , 26) |
JUDGMENT :
RAJNESH OSWAL, J.
1. The appellant prefers this a ppeal under Section 13(1-A) of the Commercial Courts Act, 2015 against an order dated 19.08.2025 passed by the Commercial Court of the Additional District Judge, Jammu (for short ‘the trial court’), in a suit bearing on File No. 434/2025 titled ‘M/s HSL Enterprises vs. M/s Thermax Ltd.'.
2. By way of impugned order, which literally amounts to decree, the trial court has dismissed the appellant’s suit as being barred by limitation by first rejecting an application for the exclusion of time sought by the appellant under the umbrage of Section 14 of the Limitation Act, 1963.
3. The appellant, being aggrieved of the im
Time spent in bona fide and diligent prosecution of writ petition, despite jurisdictional defect, excludable under Section 14 of Limitation Act when filing subsequent civil suit for same claim.
Period of limitation – Object to advance cause of justice must be kept in mind while considering bar of limitation.
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 court held that the issue of limitation is a mixed question of law and fact, justifying the framing of a preliminary issue for a definitive ruling, as highlighted in Section 14 of the Limitation ....
The main legal point established in the judgment is that the benefit of Section 14(1) of the Limitation Act would not be available if the earlier suit was dismissed after adjudication on its merits a....
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.
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.
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