AGP LIMITED vs GALAXY PHARMA (PRIVATE) LIMITED Ss — 2023 CLD 366 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 CLD 366 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: CLD
Parties: AGP LIMITED vs GALAXY PHARMA (PRIVATE) LIMITED Ss
Subject matter: Civil
Provisions referred to: Civil Procedure Code (V of 1908)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

AGP LIMITED VS GALAXY PHARMA (PRIVATE) LIMITED 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.

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