Case Note & Summary
The appellant, The Chief Executive of The Railway Employees Cooperative Credit Society Ltd., filed four writ appeals against a common interim order dated 25.02.2026 passed by a learned Single Judge in four writ petitions. The interim order was passed in W.M.P.Nos.52588, 52604, 52617 & 52673 of 2025 in W.P.Nos.15548, 15555, 15551 & 15579 of 2025. The appellant contended that the interim order was passed without hearing them, as they were informed about the order only after the court hearing. The respondents could not deny this fact. The Division Bench, comprising Justice S.M. Subramaniam and Justice K. Surender, set aside the common interim order and remanded the matter back to the writ court for fresh adjudication, directing that all parties be afforded an opportunity of hearing and that orders be passed on merits and in accordance with law. The Court clarified that it had not expressed any opinion on the merits of the case. The appeals were disposed of with the above directions.
Headnote
A) Civil Procedure - Interim Orders - Ex Parte Order - Natural Justice - The High Court set aside an ex parte interim order passed without hearing the appellant and remanded the matter for fresh adjudication after affording an opportunity to all parties. The Court held that the appellant was not heard before the interim order was passed, and thus the order was unsustainable. (Paras 3-5)
Issue of Consideration
Whether an interim order passed without hearing the appellant can be sustained and whether the matter should be remanded for fresh adjudication after affording an opportunity of hearing.
Final Decision
The common interim order dated 25.02.2026 is set aside and the matter is remanded back to the writ Court for fresh adjudication by affording an opportunity to all parties and pass orders on merits and in accordance with law. No opinion expressed on merits.
Law Points
- Natural justice
- Right to be heard
- Ex parte interim order
- Remand for fresh adjudication
Case Details
2026 LawText (MAD) (04) 6
W.A.Nos.1143, 1144, 1142 & 1145 of 2026
S. M. SUBRAMANIAM, K. SURENDER
Mr.Anand Gopalan, M/s.Advit Law Chambers (for appellant), Mr.J.P.Krishna for Mrs.D.Geetha (for respondents)
The Chief Executive, The Railway Employees Cooperative Credit Society Ltd.
K.Vijayalakshmi (in W.A.No.1143/2026), S.Velmurugan (in W.A.No.1144/2026), L.Gopinath (in W.A.No.1142/2026), N.Mohanasundaram (in W.A.No.1145/2026)
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Nature of Litigation
Intra-court appeals against an interim order passed in writ petitions.
Remedy Sought
The appellant sought setting aside of the common interim order dated 25.02.2026 and remand for fresh hearing.
Filing Reason
The interim order was passed without hearing the appellant.
Previous Decisions
Common interim order dated 25.02.2026 passed by the learned Single Judge in W.M.P.Nos.52588, 52604, 52617 & 52673 of 2025 in W.P.Nos.15548, 15555, 15551 & 15579 of 2025.
Issues
Whether the interim order passed without hearing the appellant is sustainable.
Whether the matter should be remanded for fresh adjudication after affording an opportunity of hearing.
Submissions/Arguments
The appellant argued that the interim order was passed without hearing them, violating principles of natural justice.
The respondents could not deny that the appellant was not heard before the order was passed.
Ratio Decidendi
An interim order passed without hearing the affected party is unsustainable and must be set aside to comply with principles of natural justice.
Judgment Excerpts
The learned counsel for the appellant would mainly contend that the applications seeking interim orders were allowed without hearing the appellant.
Thus, this Court is inclined to remand the matter back.
the common interim order dated 25.02.2026 ... is set aside and the matter is remanded back to the writ Court for fresh adjudication by affording an opportunity to all parties and pass orders on merits and in accordance with law.
Procedural History
The writ petitions (W.P.Nos.15548, 15555, 15551 & 15579 of 2025) were filed before the learned Single Judge. Interim applications (W.M.P.Nos.52588, 52604, 52617 & 52673 of 2025) were allowed by a common order dated 25.02.2026 without hearing the appellant. The appellant filed the present writ appeals against that interim order.
