While granting Anti Suit Injunction in India The Hon’ble Supreme Court of India in Modi Entertainment Network & Anr. V. W.S.G. Cricket Pte. Ltd. (2003) 4 SCC 341 in para no. 24 of the ruling has held as under:
“24. From the above discussion the following principles emerge:
- In exercising discretion to grant an antisuit injunction the court must be satisfied of the following aspects:-
(a) the defendant, against whom injunction is sought, is amenable to the personal jurisdiction of the court:
(b) if the injunction is declined the ends of justice will be defeated and injustice will be perpetuated; and
(c) the principle of comity-respect for the court in which the commencement or continuance of action/ proceeding is sought to be restrained must be borne in mind.”
Anti Suit Injunction in India
Very recently The Hon’ble High Court of Delhi in MAT.APP.(F.C.) 365/2023, CM APPLs. 64021/2023 & 64022/2023 decided on 19th December, 2023 in case titled DAMINI MANCHANDA Versus AVINASH BHAMBHANI while deciding an anti suit injunction matter has categorically held that ” in order to succeed to get interim injunction against the defendant thereby restraining the defendant to proceed with the divorce petition filed by him before the Canadian Court has to satisfy/fulfil the three conditions that were laid down by Hon’ble Supreme Court of India in Modi Entertainment Network & Anr. (Supra).”
Anti suit injunction in matrimonial cases
Firstly, the defendant being an Indian citizen is amenable to the jurisdiction of this Court, thus, the first condition is fulfilled.Secondly, if the interim injunction is declined to the plaintiff then the ends of justice would be defeated and injustice would be perpetuated. The question arises how the ends of justice would be defeated and injustice would be perpetuated if interim injunction is not granted in favour of the plaintiff/wife.The Hon’ble High Court declined to entertain the appeal as both the parties lived in Canada and both parties had filed for the same relief i,e divorce . The Husband had filed in Canada while the wife had filed in India however the relief is the same divorce.
The ruling in Madhvendra L. Bhatnagar v. Bhavna Lall ( 2021 ) 2 SCC 775 was at the stage of matter was at the stage of exparte interim injunction and was not applicable in the case of DAMINI MANCHANDA Versus AVINASH BHAMBHANI in MAT.APP.(F.C.) 365/2023, CM APPLs. 64021/2023 & 64022/2023 decided on 19th December, 2023. The Hon’ble Hihg Court of Delhi has held that there is no prima facie case in favour of the plaintiff nor balance of convenience nor any irreparable loss is going to be caused to the plaintiff if interim injunction is not granted to her.
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