UNION OF INDIA Vs. BILASH CHAND JAIN

JUDGEMENT

(1.) The Court :This is an appeal from a judgment and order passed on the 30th of August, 1999 by the Hon'ble Mr. Justice Kalyan Jyoti Sengupta, setting aside a letter dated 23.3.92 written by J. N. Dixit, the then Secretary, Ministry of External Affairs, whereby permission was refused under section 86 sub-section (3) of the Code of Civil Procedure to the writ petitioner plaintiff to execute a decree obtained by him, in Suit No. 431 of 1987, filed in our High Court against the foreign State of Romania and officers.

(2.) In the impugned letter it is stated as follows:

(3.) The suit was filed for a principal sum of some Rs. 50 lac, for services rendered to, and goodwill established on behalf of one Ice Chimica, but not paid for. The then Socialist Republic of Romania was the second defendant and it was a positive averment made in the plaint that the first defendant was no more than an agency and operating instrumentality of the State of Romania.