The main legal point established in the judgment is the mandatory nature of the provision in Art.226(3) of the Constitution, outlining the conditions for the automatic vacation of an interim ex parte order.

Thomas, J.

Though the provision is explicit in the Constitution, it is seldom resorted to by parties aggrieved by interim ex parte orders passed by this Courtin writ petitions. When it was pointed, in this Writ Appeal, to the counsel for the appellant that he could have availed himself of the benefit of the provision contained in Art.226(3) instead of challenging the interim order learned counsel has opted to do so. However, the Writ Appeal has to be disposed of by a judgment.

2. Appellant was the third respondent in an Original Petition filed by the Kerala State Road Transport Corporation (for short 'the KSRTC) under Art.226 of the Constitution in challenge of a judgment passed by the State Transport Appellate Tribunal (for short 'the STAT") on a Civil Miscellaneous Petition filed along with the said Original Petition. Learned single. Judge, before whom the Original Petition came up for admission, granted an interim order staying the operation of the judgment of the STAT. This happened on 18-1-1995. Notice was ordered to the third respondent in the Original Petition, who is the appellant here. He entered appearance and submitted a petition on 24-2-1995 praying for vacating the stay order dated 18-1-1995. Notice of the said petition was furnished to the standing counsel for the KSRTC as well as the Government Pleader. As the ex parte interim order was not vacated, this appeal was filed by the appellant in challenge of the ex parte interim order. When it was taken up for admission, we heard both sides. We felt that it was unnecessary for us to deal with this appeal as the ex parte interim order would have stood vacated on the expiry of two weeks from 24-2-1995.

3. The factual matrix, as stated above, is not in dispute. Hence we need only to show how the ex parte interim order stood vacated. Article 226(3) of the Constitution reads thus:

(3) Where any party against whom an interim order, whether by way of injunction or stay or in any other manner, is made on, or in any proceedings relating to, apetition under clause (1), without

(a) furnishing to such party copies of such petition and all documents in support of the plea for such interim order; and

(b) giving such party an opportunity of being heard, makes an application to the High Court for the vacation of such order and furnishes a copy of such application to the party in whose favour such order has been made or the counsel of such party, the High Court shall dispose of the application within a period of two weeks from the date on which it is received or from the date on which the copy of such application is so furnished, whichever is later, or where the High Court is closed on the last Jay of that period, before the expiry of the next day afterwards on which the High Couit is open; and if the application is not so disposed of, the interim order shall, on the expiry of that period, or, as the case may be, the expiry of the said next day, stand vacated."

It is apparent that the said provision, is a self operating one which has been inserted in the Constitution by the Constitution (Forty-fourth Amendment) Act, 1978. If six conditions conjoin together, the sub-article operates itself and the by-product is erasure of the interim ex parte order ."Those six are the following:

(1) An interim order should have been made un a petition filed under Art.226.

(2) Such interim order was passed against a party without furnishing copy of such petition and all documents in support of the plea for such interim order,

(3) Such interim order was passed against that party without giving him an opportunity of being heard.

(4) That party should have made an application for vacating the interim order.

(5) That party should have furnished a copy of such application to the other party (or his counsel) in whose favour the interim order was made.

(6) The High Court should have failed to dispose of the application within two weeks from the date of receipt of the application (or the date of service of its