Forum Shopping Rejected

The Kerala High Court dismissed a writ petition seeking directions to the Central Bureau of Investigation (CBI), Enforcement Directorate (ED) and National Investigation Agency (NIA) to investigate alleged irregularities in the insolvency proceedings of Think and Learn Private Limited (BYJU’S Group). 

The Court held that the petition was not maintainable as the petitioners had earlier filed and withdrawn a Public Interest Litigation seeking identical reliefs without obtaining liberty to institute fresh proceedings.

The Court further found that Kerala lacked territorial nexus with the principal dispute and that the Karnataka High Court was the appropriate forum. The decision reiterates the principles of finality of litigation and discourages forum shopping through successive proceedings founded on the same cause of action.