Saturday, May 1, 2010

Horlicks Limited & anr v/s Heinz India (Private) Limited 2010 (42) PTC 156 (Del.) (DB)

Doctrine of forum non convenience is not applicable in India.

The principle of forum non convenience emerged as a concept primarily applicable to a foreign forum. The doctrine of forum non convenience which originated in Scotland and thereafter brought to England and United State of America simply put means that if legal proceedings are initiated in a particular forum and that forum is of the opinion that there is a more convenient forum where such lis should be tried, it desists from trying the particular lis.

However, the court held that the principle of forum non convenience does not apply to civil suits in India which are governed by the Civil Procedure Code, there being no provision under the Code for the same…

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