ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

J.M. No.32 of 2014

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DATE                  ORDER WITH SIGNATURES OF JUDGE(S)

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For hearing of main application.

Dated: 30.08.2018

Mr. Kh. Shoaib Mansoor for applicant.

Ms. Sara Shaikh holds brief for Mr. Khurram Gul Ghori for respondent.

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A brief is held for counsel for the respondent No.1 who is out of station.

Learned counsel for the applicant draws Court’s attention to the judgment reported in 2016 CLD 1864 which vacated injunction granted in Suit No.752 of 2014. The Court has further been informed that against the said order an appeal was preferred before the apex Court where vide order dated 06.02.2017 directions were given to the High Court to record evidence through commissioner and to have the suit decided preferably within a period of six months.

The Court has further been informed that when the order by the apex Court was passed, the apex Court was not fully made aware of the existence of the instant J.M. where the defendant, which is applicant in this case, has in fact sought invalidation of the trademark on the basis of which the earlier mentioned suit was filed. In the circumstances, where a challenge to the very registration of trademark is made through a rectification or invalidation request, the interest of justice and efficacy require that the JM be decided first as it might result in the removal of the trademark from the Register of Trademarks on the basis of which the corresponding suit was filed, thus bringing an expeditious end to the controversy. Learned counsel for the parties accordingly request that the said suit bearing No.752 of 2014 be tagged along with this JM. Order accordingly.

In these circumstances, where the Court has been informed that the above referred suit is fixed on 12.09.2018, let this JM be fixed on the same day along with above referred suit.

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