JUDGMENT :

R. SUBRAMANIAN, J.

Prayer: Original Side Appeal filed under Section 13 of the Commercial Courts Act, 2015 against the judgment and decree dated 10.03.2021 made in C.S. No. 486 of 2016.

1. The plaintiff in the Civil Suit in C.S. No. 486/2016 is on an appeal challenging the judgment and decree made in the suit, dismissing the suit as barred by limitation. The learned Judge has not gone into the other issues, since he took up the issue of limitation as a first issue.

2. The plaintiff filed the suit for recovery of a sum of Rs. 1,10,00,000/- equivalent to 1,62,820 USD consisting of a sum of Rs. 32,06,250/- equivalent to 47,500 USD, being the cost of the undelivered equipment, Rs. 5,41,350/- being the pro-rata packaging, forwarding, training, erection and installation charges and the freight charge paid by the plaintiff in respect of the undelivered machinery and a sum of Rs. 40,36,500/- being the interest @ 18% p.a. payable by the defendant in respect of the cost of undelivered equipment and installation charges thereon paid by the plaintiff and a sum of Rs. 32,06,250/- bein