ROYAL NEPAL AIRLINES CORPORATION Vs. UOI

JUDGEMENT

(1.) THE petition impugns the letter dated 8th/17th May, 2002 of the Ministry of External Affairs, Govt. of India to the respondent no.2 M/s Shrishti Properties Pvt. Ltd. informing the respondent no.2 that the petitioner being a State-owned concern of the Royal Nepal Government and being an entity, can sue and be sued and the matters concerning, in particular, rent/lease etc. are exempted from Central Government?s permission under Section 86 of CPC. THE petition also impugns the institution by the respondent no.2 on the basis of the said letter of a petition for eviction of the petitioner from Premises No.44, Janpath, New Delhi under the provisions of the Delhi Rent Control Act, 1958. THE petitioner contends that it enjoys the protection of Section 86 of the Civil Procedure Code, 1908.

(2.) NOTICE of the petition was issued. Upon the counsel for the petition citing the judgment of the Division Bench of this Court in Royal Nepal Airlines Corporation Vs. Arun Jain 149 (2008) DLT 505 vide ex parte order dated 4th March, 2011 the operation of the order dated 8th/17th May, 2002 stayed. Vide subsequent ex parte order dated 5th March, 2011, the eviction of the petitioner in pursuance to the eviction order passed in eviction petition aforesaid, also stayed.

(3.) THE counsel for the petitioner next states that the revision petition filed by the petitioner against the order of eviction is listed next before this Court on 1st November, 2011 and this petition be taken up thereafter.