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Showing contexts for: crescent petroleum in Mayar (H.K.) Ltd. & Ors vs Owners & Parties, Vessel M.V. Fortune ... on 30 January, 2006Matching Fragments
It is contended by Mr. R F Nariman, learned senior counsel appearing for the defendant-respondents that the court has inherent discretionary jurisdiction to stay the proceedings in appropriate matters where the court thinks fit to do so. This jurisdiction of the court to stay the proceedings in appropriate cases is not limited to the jurisdiction conferred on the court in India under Section 10 of the Code. It is distinct from the jurisdiction conferred by the Code and for this proposition reliance was placed on Bhagat Singh Bugga vs. Dewan Jagbir Sawhney, (28) AIR 1941 Calcutta 670, Hansraj Bajaj vs. Indian Overseas Bank Ltd., AIR 1956 Calcutta 33, Krishnan and Another vs. Krishnamurthi and Others, AIR 1982 Madras 101 and M/s. Crescent Petroleum Ltd. vs. "MONCHEGORSK" and Anr., AIR 2000 Bombay 161. In the aforesaid matters, the Court has recognized the inherent power of the High Court to stay the proceedings in appropriate cases. In Bhagat Singh Bugga's case (supra), it is said that the Code is not exhaustive and does not expressly provide a remedy in all eventualities and, therefore, the Court has in many cases where the circumstances warrant it, and the necessities of the case require it, to act upon the assumption of the possession of an inherent power to act ex debito justitiae and to do real and substantial justice. In exercise of this power, the High Court can restrain a defendant by injunction in another Court in spite of provision of Section 10 of the Code. In Hansraj Bajaj's case (supra), the High Court put a note of caution while upholding the inherent power of the High Court to stay the suit though filed in a competent court when it said: