368/2023 Suit ZEDCO (Plaintiff) V/S TERUMO BCT ASIA PTE LTD & OTHERS (Defendant)
Sindh High Court
Bench: Hon'ble Mr. Justice Jawad Akbar Sarwana(Author)
Order Date: 07-JUL-23
No interim relief can be granted, which is not prayed for in the main suit. The prayer clause in the main suit seeks orders to restrain Defendants from transferring the Plaintiff???s licence to another person. But the impugned decision of Defendant No.2 does not relate to the transfer of the import license. The impugned decision is for the cancellation of the import license of Plaintiff and not transfer. Thus, the interim relief sought by Plaintiff in CMA No.9885/2023 is not pleaded in the main suit. Further, Court proceedings will take their own time, whereas the medical devices of Defendant No.1 in circulation have a limited shelf life. A court should be mindful that when granting discretionary relief, its decision may not create a potential risk to the public. Therefore, this Court should avoid creating a new situation from a public health perspective too and is not inclined to withdraw the impugned decision on this score too. CMA No.9885/2023 is dismissed with directions to the Appellate Board of the Authority that if the Plaintiff prefers an appeal to the impugned decision before the Board, then the Board will give the Plaintiff an opportunity to be heard, including a personal hearing before passing any final order in the appeal.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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