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Sunday, January 24, 2010

Forum Non Conveniens / Anti Suit Injunction


Horlicks v. Heinz, 
FAO (OS) No. 86 of 2009 (Delhi) decided on 23.10.2009  by SK Kaul, SK Mishra, 
Held:
"The principle of forum non convenience emerged as a principle of admiralty law applicable primarily to foreign forums. It finds no place in a domestic forum in India. The plaintiff is always the dominus litis and so long as the court has jurisdiction to try a suit, a party cannot be non-suited. A suit has to be governed by the provisions of the said Code."
A good analysis of forum non-conveniens and anti-suit injunction under Indian law


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