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2008 CLD 429

INTERGRA TRADE AND MARKETING vs INTERNATIONAL TRADE AND MARKETING

Citation2008 CLD 429
CourtSindh High Court
Case No.Civil Miscellaneous Appeal No,34 of 1997 Civil Miscellaneous Appeal No,34
Judge(s)Zia Pervez
ResultOrder accordingly

' ZIA PERWEZ, J.---This miscellaneous appeal is directed against the order passed by the Copyright Board on application under section 41 of the Copyrights Ordinance, 1962 dated 29-5-2007 moved by the respondent whereby the application was accepted and Entry No,4275-Copr. Was ordered to be expunged with further orders that pending application of the respondent will be dealt with by the Registrar of Copyrights.

2. Contention of learned counsel for the appellant is that at the time of hearing of the application, Appeals Nos.49 and 50 of 1993 were pending before this Court challenging the order of VI- Additional District Judge Karachi East in Civil Appeal No,4 of 1989. The aforesaid appeals are dismissed for non-prosecution, therefore, additional ground for re-consideration of the case on subsequent developments taken place after filing of the present miscellaneous appeal requires consideration and as such the case may be remanded..

3. While advancing his arguments, learned counsel has not been able to make out any case calling for interference with the order. On the point of subsequent developments that have taken place during the pendency of the appeals as a result of which pending proceedings before the Court, the matter requires consideration first before the competent forum for A proper adjudication after appreciation of facts. The grievance of the appellant deserves no merit. Accordingly while I do not find any cause for interference with the impugned order, the appellant may move afresh before the competent forum for reconsideration of the case on the ground of subsequent developments as contended by learned counsel for the appellant.

4. With the above observations, this appeal is dismissed. A The appellant is, however, at liberty to approach the competent forum within one month, which may be disposed of on its own merits after hearing respective parties.

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