ETHOPIAN AIRLINES JANPATH Vs. FEDERAL CHEMICAL WORKS LTD

JUDGEMENT

(1.) This appeal has been preferred by the appellant aggrieved by the decision of the learned single Judge holding that the suit of respondent is not barred by time. Initially a suit was filed by M/s.Federal Chemical Works Ltd., respondent herein, against M/s.Nutsco (Nigeria) Ltd. and the second defendant was M/s.Ethopian Airlines, which is appellant herein. We were told that the defendant no.1, M/s.Nutsco (Nigeria) Ltd. has settled the matter with the plaintiff, i.e. M/s.Federal Chemical Works Ltd., however, as the suit was filed against both the defendants and the liability under the suit still remains that of the appellant, the appellant's challenge to the impugned order is to be adjudicated.

(2.) Mr.Wadhwani, learned counsel appearing for the appellant, has contended that learned single Judge framed the following preliminary issue :- "Whether the suit is instituted within time."

(3.) Mr.Wadhwani, learned counsel for the appellant, contends that the learned single Judge's finding that the suit was within time, was totally contrary to the provisions of The Carriage by Air Act, 1972 hereinafter referred to as 'Act'). Learned counsel for the appellant has contended that Rule-30 of the Act provides :-