| Citation(s) |
|---|
| 2021 SLG 267 2021 SLD 267 2021 PLJ 122 |
Lahore High Court
F.A.O No. 39741 of 2020, decided on 18.9.2020, Date of hearing: 18.9.2020.
CH. MUHAMMAD IQBAL, J.
Mr. Ali Masood Hayat, Rashid Yamin Kazmi and Farhad Ali Shah, Advocates for Appellant. Mr. Zaheer-ul-Hassan Zahoor, Advocate for
Respondent No. 2
F.A.O No. 39741 of 2020, decided on 18.9.2020, Date of hearing: 18.9.2020.
CH. MUHAMMAD IQBAL, J.
Mr. Ali Masood Hayat, Rashid Yamin Kazmi and Farhad Ali Shah, Advocates for Appellant. Mr. Zaheer-ul-Hassan Zahoor, Advocate for
Respondent No. 2
MOVIEBOX MAGASTORES INTERNATIONAL LIMITED
VS
PRESIDING OFFICER, INTELLECTUAL PROPERTY TRIBUNAL, LAHORE ETC.
Law: Civil Procedure Code (V of 1908)
Section: 1,2
Civil Procedure Code, 1908 (V of 1908)--
----O.XXXIX, Rr. 1, 2--Intellectual Property Act, 2012, S. 19--Suit for declaration with permanent injunction acceptance of applications for temporary injunction--Exclusive owner--Consolidated orders--Balance of convenience--Non-establishment of license--Challenge to--Appellant has not bring on record anything to establish any license, permission, authorization or any sort of agreement in its favour, as such, ingredients required under Order XXXIX Rules 1 and 2 CPC for grant of ad-interim injunction i.e. prima facie arguable case, balance of convenience and irreparable loss, clearly tilt in favour of respondent/plaintiff as such Courts below have rightly passed impugned order--Argument of counsel for appellant that suit is not maintainable or trial Court has no jurisdiction, appellant can agitate all these grounds before trial Court--Appeal was allowed. [P. 125] A B
----O.XXXIX, Rr. 1, 2--Intellectual Property Act, 2012, S. 19--Suit for declaration with permanent injunction acceptance of applications for temporary injunction--Exclusive owner--Consolidated orders--Balance of convenience--Non-establishment of license--Challenge to--Appellant has not bring on record anything to establish any license, permission, authorization or any sort of agreement in its favour, as such, ingredients required under Order XXXIX Rules 1 and 2 CPC for grant of ad-interim injunction i.e. prima facie arguable case, balance of convenience and irreparable loss, clearly tilt in favour of respondent/plaintiff as such Courts below have rightly passed impugned order--Argument of counsel for appellant that suit is not maintainable or trial Court has no jurisdiction, appellant can agitate all these grounds before trial Court--Appeal was allowed. [P. 125] A B
Judgment
Through this single judgment, I intend to decide titled appeal (F.A.O No. 29741/2020) alongwith F.A.O No. 39623/2020 and F.A.O No. 39743/2020 as common questions of law and facts are involved therein.
2. Through this first appeal, the appellant has challenged the order dated 25.08.2020, whereby the learned trial Court/Presiding Officer, Intellectual Property Tribunal, Lahore accepted the applications under Order XXXIX Rule 1 and 2, C.P.C filed by the Respondent No. 2, Muhammad Akram Rahi.
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