Law: Specific Relief Act, 1877

Section: 42,54

Law: Civil Procedure Code (V of 1908)

Section: 1,2

Specific Relief Act (I of 1877)--- ----Ss. 42 & 54---Civil Procedure Code (V of 1908), O. XXXIX, Rr. 1 & 2---Suit for declaration, injunction and recovery of damages---Interim injunction, grant of---Necessary ingredients---Proof---Plaintiff was a pharmaceutical company who had conferred rights upon defendant in respect of distribution of products in Pakistan and some of the products were registered in the name of defendant by issuance of registration letters---Plaintiff company claimed for transfer of earlier registered product in its favour from defendant---Validity---Principal operators informed Drug Regulatory Authority that plaintiff was their affiliated who terminated distribution agreement with defendant for distribution of products---Principal operator and plaintiff had a new agreement to distribute the products within the territory of Pakistan and four specific drugs were highlighted---Plaintiff was again authorized by foreign principal, which facts were communicated to Drug Regulatory Authority of Pakistan---In absence of any contract between foreign principal and defendant it was a matter of serious concern if defendant would continue to manufacture, market and sell product of foreign principal without its permission and authorization---Plaintiffs disclosed a prima facie case with balance of inconvenience and irreparable loss in their favour---High Court granted interim injunction to plaintiffs against defendant--- Application was allowed, in circumstances. ORDER MUHAMMAD SHAFI SIDDIQUI, J.---Plaintiffs have filed this suit for declaration, permanent and mandatory injunction with damages against defendants in respect of registration and/or transfer of certain drugs and through listed application seeks interim restraining orders in respect thereof. Brief facts are that plaintiff No.2, per pleadings, is a pharmaceutical company and in course of its business inter alia manufacture, exports and markets its products. To carryon these business activities, plaintiff No.2 initially conferred rights upon defendant No.1 in respect of distribution of the products in Pakistan and some of the products were registered in the name of defendant No.1 by…

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