https://www.taxtmi.com/caselaws?id=198195 Waiver of the protection under section 86 of the Code of Civil Procedure was found where the defendant, despite claiming foreign-State immunity, had appeared, filed pleadings, participated in interim proceedings and given undertakings for many years before objecting; that conduct amounted to submission to the court's jurisdiction, so prior consent could no longer be insisted upon. The court also noted that a wholly government-owned company may, in an appropriate case, be treated as the instrumentality or alter ego of a foreign State for section 86 purposes, and that commercial activity does not by itself exclude the statutory protection. On the facts, however, the waiver made the suit maintainable. en-us Tue, 21 Apr 1998 00:00:00 +0530 Wed, 24 Jan 2018 18:26:03 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=198195 Waiver of the protection under section 86 of the Code of Civil Procedure was found where the defendant, despite claiming foreign-State immunity, had appeared, filed pleadings, participated in interim proceedings and given undertakings for many years before objecting; that conduct amounted to submission to the court's jurisdiction, so prior consent could no longer be insisted upon. The court also noted that a wholly government-owned company may, in an appropriate case, be treated as the instrumentality or alter ego of a foreign State for section 86 purposes, and that commercial activity does not by itself exclude the statutory protection. On the facts, however, the waiver made the suit maintainable. Case-Laws Indian Laws Tue, 21 Apr 1998 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=198195