Law: Financial Institutions (Recovery of Finances) Ordinance, 2001

Section: 9,19,22

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----Ss. 9, 19, 22---Suit for recovery of finance---Execution proceedings---Restoration of suit---Appellant/Bank filed suit against respondent/defendant which suit was decreed with consent of both the parties---During execution proceedings, appellant/Bank sought restoration of suit for its decision on merits---Validity---Appellant/Bank itself did not perform its legal obligation as per settlement deed during proceedings of recovery suit before Banking Court---Neither appellant/Bank made request for sine die adjournment of suit at relevant time nor filed fresh suit on account of default in payment of installments of agreed amount by respondent/defendant---Rather appellant/Bank happily received settled amount during execution proceedings---Executing Court right turned down application of appellant/Bank for revival of original suit as Executing Court could not modify decree and go beyond the same---High Court declined to interfere in the order passed by Executing Court as the same did not suffer from any illegality, misreading or non-reading of record---Appeal was dismissed, in circumstances. Ch. Ahmed Nawaz v. Province of Punjab through Land Acquisition Collector, Jhelum and others 2015 SCMR 823 rel. Ghulam Shoaib Jally for Petitioner. ORDER MUHAMMAD FAISAL KAMAL ALAM, J.---Plaintiff has filed this action at law against Defendant, inter alia, for enforcing the intellectual property rights in respect of products manufactured and marketed by Plaintiff. 2. In the plaint, Plaintiff has sought permanent injunction, damages and directions that Defendant should deliver up all labels, packets, cartons, advertising materials, printing blocks and other material, which bear the (purportedly) infringed trademark “GET FRESH”. 3. Both learned Advocates representing Plaintiff and Defendant made submissions on the injunction application - C.M.A. No.14581 of 2019. 4. Facts as averred in the plaint and Injunction Application are, that Plaintiff - company is a renowned manufacturer and merchant of confectionery and food items and at present exporting its products to more than twenty countries around the world.…

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