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Supreme Court of India 2020-08-05 disposed

Exl Careers and Another vs Frankfinn Aviation Services Private Limited

Bench: 3 — <UNKNOWN>, <UNKNOWN>, <UNKNOWN>

In Brief

Exl Careers and another appealed a High Court order allowing a suit to proceed from the stage where it stood when transferred to the proper court, rather than restarting de novo. The Supreme Court found the High Court's order legally sound, as evidence had already been adduced and trial conducted. However, the Court declined to set aside the order in exercise of discretion, noting the appellant had raised its contractual objection (clause 16B) only belatedly and not at the earliest opportunity. The Court prioritized substantial justice and the advanced state of proceedings in disposing of the appeal."

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Jurisdiction Civil Procedure Transfer of Suits Appellate Discretion Clause 16B

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