Can an injunction be issued without giving notice of the application to the opposite party?

Question: Can an injunction be issued without giving notice of the application to the opposite party? [Raj. J.S. 1994, UK H.J.S. 2005]

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Answer

Order 39, Rule 3 covers this situation. The general rule is before granting the injunction notice to this effect should be given to the opposite party. But ‘proviso’ to Rule 3 of Order 39 provides that ‘if the court is of the opinion that object of the injunction would be defeated by delay, the court may issue an injunction without giving notice to the opposite party.

The landmark case on the passing of ex parte injunction order is Morgan Stanley v. Kartik Das [(1994) 4 SCC 225], wherein it was held that before granting ex parte injunction the courts should consider the following circumstances

1. “Whether irreparable or serious mischief will ensue to the plaintiff;
2. Whether the refusal of ex parte injunction would involve greater injustice than the grant of it would involve;
3. 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;
4. The court will consider whether the plaintiff had acquiesced for some time and in such circumstances, it will not grant ex parte injunction;
5. The court would expect a party applying for an ex parte injunction to show utmost good faith in making the application.
6. Even if granted, the ex parte injunction would be for a limited period of time.
7. General principles like prima facie case balance of convenience and irreparable loss would also be considered by the court.”

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