J UDGMENT

[Judgment of the Court was made by R.SUBRAMANIAN, J.]

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/- being the loss suffered by the plaintiff due to the non-delivery of the equipment.

3. The suit came to be filed in the following backdrop:

3.1. The plaintiff, which is a limited company in Tanzania, placed orders for purchase of various machineries for