Appeals Against Ex-Parte Orders Should Not Be Encouraged, Defendant Can Always Approach Single Judge: Bombay High Court

The Bombay High Court in an order on a commercial appeal deprecated the practice of filing appeal against ex parte orders and stated that there are inbuilt safeguards in such orders which facilitate the defendants to approach the Single Judge, who passed the order, to vacate, modify or limit the same. The burden is on the plaintiff who wants to obtain interim relief without notice to the defendant to deliver the plaint, the application for the order, and the documents relied on to the defendant immediately after the interlocutory order is made, it said This is due to the principle that if a court is being asked to give an order without notice, the plaintiff must present to the court a fair picture so that a balanced order can be made, said the court. The court took note of the general practice that without notice orders in IP matters are always time-limited and the defendant has the liberty to urgently move to vacate or modify the order. Without notice orders have these inbuilt safeguards to facilitate the defendant to approach the single Judge himself or herself for setting aside the order, the court stated. Another question before the court was whether the defendant has to file a substantive application under Order 39 Rule 4 of the CPC to have a without notice order set aside.