03 SC 1177 , 2003 (1 )ARBLR533 (SC ), 2003 (105(2) )BOMLR642 , (2005 )8 CompLJ163 (SC ), 2003 (1 )CTC429 , 2003 INSC 27 , JT2003 (1 )SC 382 , (2003 )2 MLJ98 (SC ), 2003 (1 )SCALE388 , (2003 )4 SCC341 , [2003 ]1 SCR480 , ,MANU/SC/0039/2003
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MANU/SC/0039/2003
True Court CopyTM EnglishBomLR
IN THE SUPREME COURT OF INDIA
Civil Appeal No. 422 of 2003
Decided On: 21.01.2003
Appellants: Modi Entertainment Network and Ors. Vs. Respondent: W.S.G. Cricket PTE. Ltd.
Hon'ble Judges/Coram:
S.S.M. Quadri and Dr. Arijit Pasayat JUDGMENT
S.S.M. Quadri, J.
1. Leave is granted.
2. This appeal is from the judgment and order dated April 1, 2002 made by a Division Bench of the High Court of Judicature at Bombay, in Appeal No. 287 of 2002, allowing the appeal filed by the respondent and setting aside the order of the learned Single Judge granting anti-suit injunction against the respondent on the motion of the appellants.
3. The plaintiffs in Suit No. 2422 of 2001 on the file of the High Court of Judicature at Bombay (ordinary original civil jurisdiction) are the appellants and the defendant therein is the respondent in this appeal.
4. The short point that arises for consideration is: whether the Division Bench of the High Court erred in vacating the anti-suit injunction granted by a learned Single Judge restraining the respondent from proceeding with the action between the same parties pending in the English Court, the forum of their choice. It involves examination of the principles governing grant of an anti-suit injunction by a court of natural jurisdiction against a party to a suit before it restraining him from instituting and/or prosecuting the suit, between the same parties, if instituted, in a foreign court of choice of the parties.
5. It will be appropriate to note, in brief, the factual background in which the aforesaid question has arisen. The International Cricket Conference (ICC) organised a tournament 'ICC Knockout Tournament' (referred to as, 'the Event') in Kenya between October 3 and 15, 2000. The respondent had the exclusive right to grant commercial rights relating to the Event. On September 21, 2000, an agreement was entered into between the second appellant and the respondent granting exclusive licence to telecast the Event on Doordarshan and to sell advertisement slots thereon. The second appellant assigned its right under the said agreement to the first appellant or September 22, 2000. The agreement, inter alia, provided that the licence granted thereunder was restricted to exhibiting........