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2013 Supreme(Bom) 44

D.Y.CHANDRACHUD, A.A.SAYED
Qatar Airways – Appellant
Versus
Shapoorji Pallonji – Respondent


Advocates appeared:
For the Appellant:J.K. Presswalla with Ms. K.S. Daviervala i/by Mulla & Mulla & CBC, Advocates.
For the Respondent:Jamshed Lentin with Ms. Viloma Shah, Ativ Patel, Ms. Aziza Khatri i/by Hariani & Co., Advocates, Kevik Setalvad, ASG with Som Sinha, Sumit Patni i/by Dhiren Shah for Union of India.

Judgment :

(Dy. D.Y. Chandrachud, J.)

The Respondent has instituted a suit under Order XXXVII of the Code of Civil Procedure, 1908 for the recovery of a sum of Rs. 59.22 lakhs together with interest from the Appellant, based on a contract for carrying out the work of interior decoration at certain offices of the Appellant. In response to the Summons for Judgment, the Appellant filed an affidavit questioning the maintainability of the suit on the ground that permission of the Union Government under Section 86 of the CPC has not been obtained. The learned Single Judge held that the suit is maintainable.

2. The Appellant is a juristic entity, a company incorporated under the laws of Qatar.

The Appellant has stated that the Company is a 'closed' Qatari share holding company incorporated in accordance with the provisions of Commercial Companies Law No. 11 for the year 1981. The Memorandum of Association and transfer of Qatar Airways Company from a limited liability company to a closed share holding company has been placed on record. The objectives of the Company as disclosed therein are as follows:

“1. Air transport of passengers, goods, mail, luggage and animals.

2. To carry out project




































































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