Sun Feb 02 08:06:37 UTC 2025: ## Madras High Court Cautions Against Casual Ex-Parte Orders
**Chennai, February 2, 2025** – The Madras High Court’s Chief Justice’s Bench has issued a stern warning to all courts in Tamil Nadu and Puducherry against the casual issuance of ex-parte interim orders. The court emphasized the need for careful consideration of potential losses suffered by individuals or entities affected by such orders before they are granted.
A Division Bench, comprising Chief Justice K.R. Shriram and Justice Senthilkumar Ramamoorthy, ruled that ex-parte orders – those issued without notifying the opposing party – should only be granted in cases of extreme urgency. Even then, petitioners must provide an undertaking to compensate for any losses if their case is ultimately dismissed.
The ruling stemmed from a case where a Coimbatore Commercial Court granted an ex-parte injunction to Anugraha Valve Castings Private Limited, preventing Anugraha Castings from using the name. The High Court stayed this injunction, noting the absence of urgency, given that Anugraha Castings had been operating since 2018, and the trademark infringement suit was filed only recently, despite a caution notice issued in 2021. The High Court also pointed out that Anugraha Castings held various legally required registrations and approvals under its name.
The High Court stressed the potentially devastating impact of ex-parte injunctions on businesses, potentially leading to irreparable losses. The Bench cited a Supreme Court precedent (Maria Margarida Sequeira Fernandes versus Erasmo Jack De Sequeira, 2012) and reiterated that such orders should only be made after careful consideration of all facts and with an undertaking from the plaintiff to cover any losses incurred should the suit fail. The court urged all courts in the state to adhere to these principles to ensure even-handed justice.
First Piper 