1. By an order passed in Notice of Motion No.2202 of 2015 in Admiralty Suit No.3 of 2011, the following issue has been framed as a preliminary issue under Order 14 Rule 2 of the Code of Civil Procedure.

“Whether the suit is barred by the law of limitation?”

2. By consent, this issue is treated as a preliminary issue even in the companion admiralty suit, namely, Admiralty Suit No.66 of 2015. The parties in both admiralty suits have been heard on this preliminary issue. The issue is being decided by the present order.

3. Admiralty Suit No.3 of 2011 is filed by a time charterer of a vessel called “Nasco Diamond”. The vessel was chartered to the Plaintiff by one Da Sin Shipping Pte Limited, who are said to be the despondent owners of the vessel, having time chartered the same from the head owner of the vessel, M/s. YDM Shipping Company Ltd. The vessel was sub-chartered by the Plaintiff to Tongli Shipping Ltd. (“Tongli”), a company incorporated in the People's Republic of China, acting through its agent/nominee/alter ego, Tongli Shipping Co. Ltd., Samoa (“Tongli Samoa”) pursuant to a time charter document termed as 'fixture recap'. Pursuant to this fixture recap, Tongli, acting t