Is an anti-suit injunction granted while the foreign proceedings it seeks to interject remain pending and have not culminated into a final decision?
Coram: Justice S.V.N. Bhatti · Justice N.V. Anjaria
An anti-suit injunction is not granted while the foreign proceedings it seeks to interject remain pending and have not culminated into a final decision.
No. An anti-suit injunction is not granted while the foreign proceedings it seeks to interject remain pending and have not culminated into a final decision; granting one at that inchoate stage is a patent error. Here, the UK Family Court proceedings had not concluded when the Alipore Trial Court granted the injunction. (¶5)
Anti-suit injunction — Comity of courts — Matrimonial jurisdiction — Code of Civil Procedure, 1908 — Anti-suit injunction — Grant — Personal jurisdiction, ends of justice, comity of courts — Held: An anti-suit injunction restraining a party from prosecuting proceedings in a foreign court is governed by the doctrine of equity and requires the defendant to be amenable to the court's personal jurisdiction and respect for comity of courts. Declining it must otherwise defeat the ends of justice. (¶5) Anti-suit injunction — Foreign proceedings pending — Injunction premature — Held further: An anti-suit injunction is not granted while the foreign proceedings it seeks to interject remain pending and have not culminated into a final decision. The Alipore Trial Court erred in granting the injunction at that inchoate stage. (¶5) Anti-suit injunction — Substantial connecting factors — Comity favours foreign forum — Held further: An anti-suit injunction does not lie where the foreign proceedings are founded on substantial connecting factors such as habitual residence and a matrimonial home. The High Court's vacation of the injunction was upheld and the appeal was dismissed. (¶5, 10, 11)
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