The 3-Judge Bench of the Supreme Court in the case of Morgan Stanley Mutual Fund vs. Kartick Das, (1994) 4 SCC 225 had observed that an ex parte injunction should be granted only in exceptional circumstances and the factors to be considered are:
(i) whether irreparable or serious mischief would ensue to the plaintiff,
(ii) whether refusal of ex parte injunction would involve greater injustice than the grant of it would involve,
(iii) the time at which the plaintiff first noticed the act complained of,
(iv) whether the party had acquiesced for some time,
(v) whether the applicant/plaintiff has approached in good faith to seek injunction, and
(vi) whether such ex parte injunction would be for a limited period of time.