STATE OF MAHARASHTRA vs B K SUBHARAO

The Supreme Court allowed the State's appeal against the Single Judge's order granting Rs. 25,000 compensation for consultancy loss due to an ex-parte order permitting the respondent to travel abroad. The Court held that obtaining an order based on correct facts is legitimate, while procuring one on incorrect facts is reprehensible. It clarified that mala fides must be proven with strong evidence and that the State's approach to the Single Judge was not mala fide, thus upholding the procedural correctness of the State's actions under the applicable legal framework.