construction was placed and the plea of cause of action or forum conveniens
was not given acceptance by the Apex Court in Election Commission India ... forum, and that since the original order
merges into the appellate order, the place where the
appellate authority is located is also forum conveniens
court of competent jurisdiction not being the appropriate forum/ forum conveniens. It is averred that all the defendants in the present case are American entities ... anti-suit injunction will examine as to which is the appropriate forum (forum conveniens) having regard to the convenience of the parties and may grant
anti-suit injunction will
examine as to which is the appropriate
forum (Forum conveniens) having regard to
_____________________________________________________________________________________________
FAO (OS) NOs. 86/2009 and 87/2009 ... respectively. Lord Dunedin,
with reference to the expressions forum non
competens and forum non conveniens, said, at p.
18:
"In my view, 'competent
taking note of these judgments, discussion proceeded on the
concept of „forum conveniens‟ which runs as under:
"30. From the aforesaid pronouncements, the concept ... forum conveniens gains signification. In Black‟s Law
Dictionary, forum conveniens has been defined as follows:
"The court in which an action is most
petition as the
same would militate against the principles of forum conveniens, and
W.P.(C) No. 12494/2018 Page 1 of 16
also ... refuse to exercise its discretionary jurisdiction by
invoking the doctrine of forum conveniens.
2. According to Ms. Acharya, there is no dispute that the part
decision in the case of Kusum Ingots (supra) which pertains to forum conveniens and the same reads as under:
30. We must, however, remind ourselves ... refuse to exercise its discretionary jurisdiction by invoking the doctrine of forum conveniens. (See Bhagar Singh Bagga v. Dewan Jagbir Sawhany AIR 1941 Cal; Mandal
anti-suit injunction will examine as to which is the appropriate forum (forum conveniens) having regard to the convenience of the parties and may grant ... conveniens.
(7) The burden of establishing that the forum of choice is a forum non-conveniens or the proceedings therein are oppressive or vexatious would
anti-suit
injunction will examine as to which is the appropriate forum
(forum conveniens) having regard to the convenience of the
parties and may grant ... conveniens.
(7) The burden of establishing that the forum of choice is a
forum non-conveniens or the proceedings therein are
oppressive or vexatious would
anti-suit
injunction will examine as to which is the appropriate
forum (Forum conveniens) having regard to the
convenience of the parties and may grant ... conveniens;
7. The burden of establishing that the forum of the choice is
a forum non-conveniens or the proceedings therein are
oppressive or vexatious
paragraph 30 of this judgment dealing with the principle of forum conveniens, where it is observed that even if a small part of cause ... refuse to exercise its discretionary jurisdiction by invoking the doctrine of forum conveniens.
However, in paragraph 27, the following observations have been made:-
27. When
