( 1 ) FOLLOWING preliminary issue was framed on 26th July, 1999:- "whether the suit is instituted within time. "

( 2 ) SUIT was filed, interalia, alleging that plaintiff company is engaged in the business of export of medicines. Sh. M. N. Khanchandani on behalf of defendant. No. 1 company approached the plaintiff for purchase of Hyoscine Butyl Bromide Tablets B. P. (10 mg ). In regard to this medicine on or about 29th September 1992 the plaintiff sent a proforma incoice bearing No. 5/92-93 of the value of US $ 47250. Vide letter dated 2nd November 1992 the defendant No. 1 accepted said proforma invoice and asked the plaintiff to draw documents through Canara Bank, Longbow House, 14-20, Chiswell Street, London ECIY, 4sr A/c Palm Investment Ltd. in pursuance of this letter the plaintiff despatched consignments of the said medicine through defendant No. 2 vide their Master Airway Bill No. 05693122 comprising of 4 House Airway Bill Nos. 071-RTC 184, 185, 186 and 187, all dated 4th January 1993. Said Canara Bank, Longbow House, 14-20, Chiswell Street, London, ECIY 4sr A/c Palm Investment Ltd. ,was shown as consignee in all the said Airway bills. The plaintiff also paid freight