GETZ PHARMA (PVT.) LIMITED vs NOVARTIS AG Ss — 2022 CLD 61 KARACHI-HIGH-COURT-SINDH

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GETZ PHARMA (PVT.) LIMITED VS NOVARTIS AG Ss. 7, 23 & 27--- Civil Procedure Code (V of 1908), O. XXXIX, R. 4---Sealing order---Interim injunction, vacating of---Principles---Applicant company was aggrieved of Sealing order passed by Controller Patents in favour of respondent company, with regard to patent in question---Respondent company sought vacation of ad-interim injunction passed against operation of Sealing order of patent in question---Validity---Petition was filed after two years from date of passing of sealing order---High Court left the matter with Trial Court to be determined in main case whether proceedings were hit by laches or not---In intervening period no restraining order was passed in connected appeals, filed after dismissal of opposition by an earlier order of Controller of Patents---Parties were contesting their respective interest in litigation at Lahore by instituting suit in IPT Tribunal before Lahore High Court in which status quo order had been granted--- Patent in question was sealed vide order dated 12-11-2018 after publication, inviting objection, providing opportunity of hearing to all parties concerned, whereafter order rejecting objections was passed, which was subject matter before High Court in connected appeals---Fundamental requirement was completed before issuance of sealing order, which was being enjoyed by respondent company for couple of years, when a restraining order was passed in present proceedings---In terms of Art. 129(e) of Qanun-e-Shahadat, 1984, there was presumption that official acts were regularly performed---Unless act of Controller of Patents in sealing subject patent of respondent company was declared to be illegal in proceedings, Sealing order in question should not have been suspended---Ingredients of balance of convenience and irreparable loss were in favour of respondent company because rights and interest arising out of subject patent, in favour of respondent company were seriously affected, resulting in causing inconvenience to respondent company which would sustain losses---High Court vacated ad-interim injunction passed against operation of Sealing order--- Application was dismissed, in circumstances.

GETZ PHARMA (PVT.) LIMITED vs NOVARTIS AG Ss — 2022 CLD 61 KARACHI-HIGH-COURT-SINDH

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