Morgan Stanley Mutual Fund vs Kartick Das [1994 SCC (4) 225]
Factors of consideration in grant of ex parte injunction
36. As a principle, ex parte injunction could be
granted only under exceptional circumstances. The factors which should weigh
with the court in the grant of ex parte injunction are-
(a) whether irreparable or serious mischief will ensue to the
plaintiff;
(b) whether the refusal of ex parte injunction would involve
greater injustice than the grant of it would involve;
(c) the court will also consider the time at which the plaintiff
first had notice of the act complained so that the making of improper order
against a party in his absence is prevented;
(d) the court will consider whether the plaintiff had acquiesced
for sometime and in such circumstances it will not grant ex parte injunction;
(e) the court would expect a party applying for ex parte
injunction to show utmost good faith in making the application.
(f) even if granted, the ex parte injunction would be for a limited
period of time.
(g) General principles like prima facie case balance
of convenience and irreparable loss would also be considered by the court.
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