1. Heard learned counsel for the petitioner and learned counsel for the respondents.

2. Rule.

3. Rule is made returnable forthwith with the consent of learned counsel for both sides.

4. This writ petition takes an exception to the legality, validity and propriety of the order dated 5th February, 2014, passed by City Civil Court, Mumbai in S.C. Suit No.5164 of 2012, thereby answering the preliminary issue, “Whether the suit is barred by limitation prescribed under Section 30 of the Carriage by Air Act, 1972”, in negative.

5. Facts leading to the lis between the parties are not in the realm of dispute. It is admitted that respondent has sent a Cargo containing perishable items like fruits and vegetables through the petitioner Air Ways under AWP No.125 80291886 dated 4th January, 2010, from Mumbai to Canada. Due to bad weather conditions at London Airport, the flight could not depart on 6th January, 2010 to Canada and hence the Cargo which was containing perishable items was damaged and destroyed. Respondent, therefore, lodged a claim with the petitioner, on 13th January, 2010 seeking amount of Rs.1,70,221.56.

6. On 30th June 2010, respondent again sent Cargo containing similar p