? ( [Vol. V 2006] Platinum Pharmaceuticals Co. (Pvt) Ltd. v.

Stand 1109
Pharm Pafcistan (Pvt) Ltd. (Muhammad Ather Saeed, J)
that the settlement between the respondents under Circular
earlier
No.29, mentioned above envisages that if the Court auction is
# a decree
set aside, respondents Nos.3 and 4 shall be responsible for
:.A. No.498
making good the shortfall, which may arise as a result of the
-dent. The
setting aside of the Court auction. The Court auction, however,
: ;determ.ine is not a matter of which we are seized.
re* basis of
7. In view of the above discussion, this appeal, having
borne fruit, is disposed of.
led, with a. w
under the S.A.K./A-108/L Order accordingly.
e same. He
res of the
sent to the ^ 2006 CLD 1109
ci or proved
•mdVed by [Karachi]
r|as lost; all Before Anwar Zaheer Jamali and
stated that Muhammad Ather Saeed, JJ
arantees of
Messrs PLATINUM PHARMACEUTICALS
. COMPANY (PRIVATE) LIMITED—Appellant
ir attention
i'os.3 and 4, versus
f Executive,
counsel. He B STAND PHARM PAKISTAN (PRIVATE)
settled in LIMITED and 3 others—Respondents
by the State High Court Appeal No.36 of 2005. decided on 17th February,
s confirmed] 2006.
Trade Marks Ordinance (XIX of 2001}—
;ssary for us
ny personal —Ss.39 & 81—Specific Relief Act (I of 1877), S.54—Civil
This appeal, C Procedure Code (V of . 1908), O.XKKDC, Rr.l & 2—High Court
3 will not be appeal—Interim inJuncUon, grant of—Registered trade mark—
avour of the Prior use and acquiescence—Effect—Similarity in trade mark—
uZoniflexf’ was the trade mark of the medicine registered in the
name of plaintiff hut subsequently defendant got its medicine
ed to touch registered against Trade Mark “Zanqflex” and marketed the
belonging to same—High Court declined to grant interim iryunction to plaintiff
our of the on the ground that plaintiff approached the Court with delay and
S-11-1999 in that product of defendant had come into the market prior to that
ithe auction of the plaintiff—Validity—Observation of High Court that delay in
ts as well as filing of suit by plaintiff provided sufficient time to defendant to
itions before manufacture and sell their drugs in market and to establish their
Needless to business under the name and style of “Zanqflex" did not hold
) decide the water os within a few days of the start of manufacturing and
ts. However, marketing activities by defendant Ministry of Health had
dearly stated. directed the defendant to change its name due to its similarity
CLD