Ex Parte Interim Orders: Ex Parte Relief

Justice delayed is justice denied. One need not be lawyer to understand the gravity of the legal maxim as this is Magna Carta of the Constitution of India. The problem of delay becomes graver when justice is to be imparted in a situation where a litigation is progressing after an ex parte injunction order, which is an exception to a basic legal principle 'audi alteram partem' which insists that 'the other side should be heard' or 'Opportunity of being heard must be given to all'.

This post highlights the roadblocks faced by a Defendant in his attempt to get an ex parte injunction vacated, judgments wherein the Hon'ble court has itself addressed the issue of difficulty in vacation of ex parte interim injunctions and how delaying tactics used by the aggrieved parties work as a tool against the defendants and paralyze them, eventually leading them to give in to inequitable negotiations. Order XXXIX Rule 3A , CPCstates that once an ex-parte injunction is granted by