Stay in Foreign Suit Litigation-Proceeding in India

Anti Suit in foreign Suit Proceeding in India

Court should not exercise its discretion to exercise such jurisdiction in view of aforesaid position and relied upon judgment of Supreme Court in the case of Modi Entertainment Network v. W.S.G. Cricket Pte. Ltd., and particularly paras 10 and 25 thereof, which reads as under: "10.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 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 appropriated case. This is cause courts of equity exercise jurisdiction in persona. 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.