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1961 Supreme(Cal) 69

S.C.LAHIRI, R.S.BACHAWAT
United Arab Republic – Appellant
Versus
Mirza Ali Akbar Kashani – Respondent


Advocates Appeared:
Subimal Roy, P.K.Sen, Mukherjee, M.K.Bose

JUDGMENT

S.C.Lahiri, CJ.

1. This appeal raises two important questions about the immunity of a foreign Sovereign State from the civil process of the Courts of our country. The plaintiff respondent instituted a suit for recovery of a sum of Rs. 6,07,346/- as damages for breach of a contract for the supply of tea by the plaintiff. There are two defendants in the suit; the first defendant is the United Arab Republic and the second defendant is the Ministry of Economy, Supplies and Importation Department which is a department ot the first defendant and which according to the plaintiff, entered into the contract on behalf of both. Both the defendants entered appearance in the suit through the Vice Consul in charge of the Consulate General of the United Arab Republic in Calcutta and took out a Master's Summons for an order, inter alia, that the plaint be rejected and/or taken off the file. In the petition in support of the Summons it is stated that the first defendant came into existence as a result of the amalgamation of the two Sovereign Republics of Egypt and Syria with the President as its Ruler and that the United Arab Republic has been duly recognised by the Central Government of ou



































































































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