Forum Shopping I

Posted on by Rudrajyoti Nath Ray

Court has noticed a rising trend of cases where parties have attempted to take ‘another bite at the cherry’ by initiating proceedings over various forums, particularly to circumvent jurisdiction of this Court. A purportedly ancillary remedy is urged in another forum as a dilatory tactic or as an attempt at ‘forum shopping’. One of us [Justice Dr. D.Y. Chandrachud] speaking for a Two-Judge Bench of this Court in Vedanta Ltd. v. Goa Foundation, [Review Petition (Civil) Diary No. 18447 of 2020] had disapproved of such tactics. Three-Judge Bench of this Court in T.P. Moideen Koya v. Government of Kerala, (2004) 8 SCC 106 disapproved of practice of vexatious litigation.

– Hon’ble Justice Dr. D.Y. Chandrachud, Loop Telecom Trading Limited v. Union of India, [Civil Appeal Nos. 1447-1467 of 2016].

'The Last Word' seeks to include not only wise and witty sayings but also curiosities. These words are not of obligation but of delight. I am not alone in my refusal to believe, law is tedious. For all who escaped these percipient eyes, mea culpa maxima. History, after all, has many cunning passages, contrived corridors and issues.