Dhirajkumar Totala
Asked August 19, 2016

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Whether an anti suit injunction is recognised by Indian courts

Answer 1

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Saumya Kumar
Anti-suit injunctions give the power to the Court to restrain a party from prosecuting a casein another Court. Under Section 20 of the Code of Civil Procedure, the jurisdiction of a Court is determined by the subject matter having regard to the location of immovable property, place of residence or work of a defendant or place where cause of action has arisen. Considering this, the application of anti-suit injunctions in India may appear to fall in the gray area but the Indian Supreme Court in the case of Modi Entertainment Network v.  WSG Cricket Pte Ltd. (2003 AIR SCW 733)has clearly identified and accepted anti-suit injunctions as an exception to Section 20. The Court has said that if the parties contracting with each other have decided upon another Court then that Court will be vested with the jurisdiction, irrespective of the requirement of Section 20 of the CPC. The Court in this case identified the conditions on which an anti-suit injunction maybe granted. The Court identified that for granting the anti-suit injunction the dispute must normally be under the Court's jurisdiction under Section 20 and the injunction will be granted to prevent injustice to the parties. The Court also emphasized that such an injunction must abide by the principle of comity and can be given on equitable grounds. In India, such an injunction can be granted against a subordinate court only and not against an equivalent Court or higher Court. (Horlicks Ltd. And Anr. vs Heinz India (Pvt.) Limited., A.I.R 1983 SC. 1272)
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