2707/2021 Suit M/S AGP LIMITED & ANOTHER (Plaintiff) V/S M/S GALAXY PHARMA (PVT) LIMITED & OTHERS (Defendant)
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author)
2707/2021 Suit M/S AGP LIMITED & ANOTHER (Plaintiff) V/S M/S GALAXY PHARMA (PVT) LIMITED & OTHERS (Defendant) Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author) Order Date: 15-SEP-22
Undoubtedly and undisputedly the circumstances governed by an agreement no longer exists to enable defendant No.1 to continue using the registration. This drug was registered on the application of foreign principal in favor of defendant No.1 enabling it to manufacture, market and sell the products of the foreign principal. In view of severance of relationship between plaintiff No.2 and defendant No.1, as disclosed above the agreement came to an end. ---In the absence of any contract between foreign principal and defendant No.1 it would be a matter of serious concern if defendant No.1 would continue to manufacture, market and sell product of foreign principal without its permission and authorization. Plaintiffs thus have disclosed a prima facie case with balance of inconvenience and irreparable loss in their favour.