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Supreme Court Of India

(From : AIR 2002 Bombay 365)

Hon'ble Judge(s): S. S. M. Quadri, Arijit Pasayat , JJ

(A) Civil P.C. (5 of 1908) , O.39 R.1— Anti-suit injunction - Grant of - Principles governing grant of injunction apply - Such injunction has effect of interfering with jurisdiction of another Court - To be granted sparingly. The Courts in India like the Courts in England are Courts of both law and equity. The principles governing grant of injunction an equitable relief by a Court will also govern grant of anti-suit injunction which is but a species of injunction. When a Court restrains a party to a suit/proceeding before it from instituting or prosecuting a case in another Court including a foreign Court, it is called anti-suit injunction. It is a common ground that the Courts in India have power to issue anti-suit injunction to a party over whom it has personal jurisdiction, in an appropriate case. This is because Courts of equity exercise jurisdiction in personam. However, having regard to the rule of comity, this power will be exercised sparingly because such an injunction though directed against a person, in effect causes interference in the exercise of jurisdiction by another Court. (Para 9) (B) Civil P.C. (5 of 1908) , S.20— Jurisdiction - Cannot be conferred by agreement - Exception - Parties can agree to submit to jurisdiction of foreign Co....