Principle of ‘comity of courts’ cannot override the right of access to justice of a litigant: BHC

The Bombay High Court (BHC), in an anti-enforcement action suit filed against the anti-suit permanent injunction order passed by the High Court of Singapore (HCS), has held that “The principle of comity of Courts …. cannot override the aforesaid valuable right of a litigant to access of justice, particularly when … an anti-suit injunction, is issued by a foreign Court having the effect of interference with or preventing the plaintiff from pursuing the only legal remedy available…” The suit was filed by co-founder of People Interactive (India) Pvt. Ltd. ( seeking stay from enforcement of the anti-suit order passed by the HCS. The appellant contended that respondent’s actions amounted to oppression & mismanagement and thereby sought to approach NLCT; however, appellant was restrained through the order of SHC.