Shri Ramesh Kumar Sharma vs The Ambassador, Royal Netherlands ... on 17 September, 2001
Mr. Upadhya, learned counsel for the plaintiff, on the other hand, submitted that once the consent and permission under Section 86CPC had been granted, it was not open to challenge and the Courts could not go behind the certificate granted. He further submitted that a collateral challenge was not permissible. Relying on Bhairavasingh Malojirao Ghorpade and another v. Shankar Rao Bindu Rao Padaki and others , learned counsel submits that once the consent had been obtained for institution of the suit, it was also consent for continuation of the suit. Learned counsel also urged that as per the service conditions of employment of the plaintiff, the remuneration of locally engaged assistants, who were not the nationals of Netherlands was to be determined on the local conditions of employment. Learned counsel urged that submissions to the jurisdiction of Indian/local laws by Netherlands Embassy, by virtue of the above contract, shall amount to implied waiver of the privilege/immunity under section 86(2)(d) CPC. Learned counsel in this connection cited certain authorities with regard to waiver.