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Showing contexts for: consolidated engineering in Klj Resources Limited vs Oriental Insurance Co Ltd on 30 July, 2025Matching Fragments
g) Consolidated Engineering Enterprises vs Principal Secretary, Irrigation Department and Ors ( 2008) 7 SCC 169.
h) Ghasi Ram & Ors Vs Chait Ram Saini & Ors (1998) 6 SCC 200.
i) Maidi Bhikashmiah & Anrs Vs. Venugopalrao & Ors, 1958 SCC OnLine AP 206.
j) Hassan Chand & Sons Vs H.H Majaraja Shri Gaj Singh, 1961 SCC OnLine Raj 125.
KLJ Resources Ltd Date of Judgment 30.07.2025 (Page 30 of 82 ) Vs Oriental Insurance Co. Ltd (776//2023)
56. In the case of Purni Devi Vs Babu Ram , 2024 INSC 259, by referring to the cases of Consolidated Engg. Enterprises vs The Principal Secretary (Irrigation Department) & Ors, (2008) 7 SCC 169 and the case of Sesh Nath Singh Vs Baidyabati Sheoraphuli Coop. Bank Ltd., (2021) 7 SCC 313, Hon'ble Supreme Court observed as under:-
34. The judgment of this Court in M.P. Steel (Supra) discussed the phrases, "due diligence" and "in good faith" for the purposes of invocation of Section 14 of the Limitation Act. While considering the application of Section 14 to the Customs Act, it was observed:
"10. We might also point out that Conditions 1 to 4 mentioned in the Consolidated Engg. case have, in fact, been met by the Plaintiff. It is clear that both the prior and subsequent proceedings are civil proceedings prosecuted by the same party. The prior proceeding had been prosecuted with due diligence and in good faith, as has been explained in Consolidated Engg. [(2008) 7 SCC 169] itself. These phrases only mean that the party who invokes Section 14 should not be guilty of negligence, lapse or inaction. Further, there should be no pretended mistake intentionally made with a view to delaying the proceedings or harassing the opposite party.
49. ....... the expression "the time during which the plaintiff has been prosecuting with due diligence another civil proceeding" needs to be construed in a manner which advances the object sought to be achieved, thereby advancing the cause of justice."
(emphasis supplied)
35. The judgments in Consolidated Engg. Enterprises (Supra) and M.P. Steel (Supra) have been followed consistently by this Court. For instance in Sesh Nath Singh v. Baidyabati Sheoraphuli Coop. Bank Ltd. 5 (2-Judge Bench), while holding Section 14 to be applicable to applications under Section 7 of the Insolvency and Bankruptcy Code, 2016 and the SARFAESI Act, it was KLJ Resources Ltd Date of Judgment 30.07.2025 (Page 31 of 82 ) Vs Oriental Insurance Co. Ltd (776//2023) observed:-