7/2007 M.A. Searle Pakistant Ltd. & anor (Appellant) V/S The Monopoly Control Authority (Respondent)

Sindh High Court2024

Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author), Hon'ble Justice Ms. Sana Akram Minhas

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7/2007 M.A. Searle Pakistant Ltd. & anor (Appellant) V/S The Monopoly Control Authority (Respondent) Sindh High Court Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author), Hon'ble Justice Ms. Sana Akram Minhas Order Date: 07-JUN-24 **Maintainability of appeal on the count of ???Aggrieved person???:- Aggrieved person not necessarily be one facing financial losses; a person/entity feels and considers a process as an intervention to business decisions and actions are being an intervention to business decisions, it can qualify as basis of being an aggrieved person. To be an aggrieved, you do not have to show yourself in a frame of financial loss alone. An attempt to justify that intervention to the business understanding is unnecessary by regulator, notwithstanding financial gains, the intervention can be objected by objector as being aggrieved person. **Public interest:- Laws are made to protect public interest and the enforcement of such laws is in eminent public interest. The distribution arrangement between Searle and IBL has unfairly benefitted IBL and its shareholders to the prejudice of Searle and its shareholders which include minority shareholders from the general public. The general public minority shareholders have no other appropriate remedy through which they could have corrected such arrangement or recovered their losses. It is therefore a matter of public interest that action should have been taken by the Authority to redress the situation
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