South East U.P. Power Transmission Company Ltd.

NCLAT held that when we look into Section 4 and Section 12 of Limitation Act, both the sections use three expressions “Suit, Appeal and Application” whereas Section 14 does not use all the three expressions rather sub-Section 1 of Section 14 uses the expression “any suit” and sub-Section 2 of Section 14 uses the expression “any application”. The principle under Section 14 are attracted when a claimant is prosecuting “another civil proceeding” the use of expression “another civil proceeding” as occuring in Section 14(1) and 14(2) is for definite purpose and object. The applicability of principle of res judicata may be invoked on different stages of the same proceedings but we have not come across any authority/precedent where it has been held that in same proceeding with regard to the Orders passed in different I.As, principles of Section 14 of Limitation Act can be invoked. the Applicant is not entitled to claim benefit of Section 14 of the Limitation Act, 1963 on account of having filed an I.A. No. 145 of 2022 in the same proceeding i.e. CP(IB) No. 107/ALD/2019 which was dismissed as withdrawn on the request made by the Appellant.