1. Feeling aggrieved and dissatisfied with the judgment and 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 S.96 of the CPC read with S.13 of the Commercial Courts Act , 2015, by which the plaintiff / appellant's Civil Suit No.5A / 2016 titled as SKS Ispat and 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 S.11 of the CPC and the plaintiff is not entitled for exclusion of time spent in writ proceedings before this Court, as S.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 site office at Siltara, Industrial Gr