BILASH CHAND JAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) This application is directed against a letter dated 23rd March, 1992 whereby the Central Government has refused to give consent certifying in writing for execution of the decree passed against the respondent No. 3 herein who is foreign Ambassador.

(2.) The petitioner herein was appointed as a commission agent of the respondent No. 3 and while acting as commission agent he has filed a suit against the respondent No. 3 for recovery of his dues. Before the said suit was filed necessary consent was given certifying for filing of the suit against the respondent No. 3 by the Central Government. After the suit was filed the Central Government had purported to revoke the aforesaid consent. The petitioner being the plaintiff in the said suit however challenged the aforesaid order revoking consent by filing a writ petition. Ultimately the said writ petition was allowed and necessary relief was granted by His Lordship the Honourable Mr. Justice B.L. Jain (as His Lordship then was) by order dated 12th Oct., 1988. It appears after service of Writ of Summons, the said suit was decreed in favour of the petitioner by this Court in its Ordinary Original Civil Jurisdiction against the respondent No. 3 for a sum of Rs. 14,60,000.00 together with interest thereon @ 6% per annum from 9th July, 1983 up to 15th April, 1987 and thereafter @ 6% per annum on the principal sum till the date of realisation of the dues.

(3.) After the said decree was passed the petitioner being the decree holder through his learned lawyer again applied to the Central Government under Sec. 86(3) of the Code of Civil Procedure for giving consent certifying in writing for execution of the said decree. The impugned letter is the rejection of such application and refusal to give consent.