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HILAL FOODS (PVT.) LIMITED (FORMERLY HILAL CONFECTIONERY (PVT.) LIMITED) vs DABUR INDIA LIMITED Ss — 2024 PLD 184 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 PLD 184 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
PLD
Parties
HILAL FOODS (PVT.) LIMITED (FORMERLY HILAL CONFECTIONERY (PVT.) LIMITED) vs DABUR INDIA 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

HILAL FOODS (PVT.) LIMITED (FORMERLY HILAL CONFECTIONERY (PVT.) LIMITED) VS DABUR INDIA LIMITED Ss.39 & 40---Civil Procedure Code (V of 1908), O.XXXIX, Rr. 1 & 2---Passing off---Infringement of trade mark and copy right---Interim injunction, refusal of---Concealing of facts---Plaintiff company assailed use of trade mark "HAJMOLA" by defendant company---Validity---Intellectual Property Tribunal passed an order restraining defendant company from passing off goods by using the offending trade mark---Subsequently the Tribunal passed another order observing that the injunctive order passed earlier would have no effect because of an order passed by High Court---Intellectual Property Tribunal adjourned that suit sine die till adjudication of matter by High Court---Plaintiff company failed to disclose filing and pending of adjudication of cases in its pleadings especially order passed by High Court, whereby the defendant company was permitted to use trade mark "HAJMOLA" on its products---Concealment of fact as to the earlier litigation between same parties, in subsequent suit, is a conduct which disentitles a party to grant of discretionary relief of an injunction---Complete disclosure about previous connected, related or relevant proceedings and orders is essential when a litigant approaches a Court and unless such non-disclosure can be satisfactorily explained, the claimant should not, as a matter of general principle, be granted interim relief---He who comes to equity must come with clean hands---Plaintiff failed to make out prima facie good arguable case for the grant of interim injunctive relief---Application was dismissed, in circumstances.

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