M USARRAT HILALI, J. Through the instant revision petition, petitioner has assailed the order and judgment dated 02.01.2021 of the learned Additional District Judge-X, Peshawar, whereby appeal of the petitioner against the impugned order and judgment dated 07.10.2020 of the learned Civil Judge-V, Peshawar has been dismissed.
2. Precisely the stated facts of the case as recapitulated from the available record are that the petitioner applied for renewal of agreement with Shell Pakistan and while the process was in progress when in the meanwhile, the Ministry of Industries and Production Department Explosive vide office order dated 06.04.2020 sealed the filling station. The sealing order issued by respondent No.2 was challenged before the learned Civil Judge, Peshawar, however, the same was returned to the petitioner under Order VII, Rule 10, C.P.C. for lack of jurisdiction. The appeal filed there against, was also dismissed by the learned Appellate Court which has been impugned herewith.
3. Learned counsel for the petitioner contended that there is no issue between the petitioner and the Shell Pakistan Limited rather the license to the petitioner was issued by OGRA which is valid up till 23.09.2022. He next contended that in case respondent No.6 is not willing to continue business with the petitioner, then petitioner has every right to enter with any other company/firm.
4. As against that, learned counsel appearing on behalf of respondent No.6 while rebutting the arguments of learned counsel for the petitioner stated that no doubt the petitioner has got every right to carry business of filling station by entering into agreement with any company of its choice, however, it shall not use the monogram of Shell Pakistan Limited on any of its display point.
5. Arguments heard and appended record gone through.
6. No doubt under Article 18 of the Constitution, every citizen shall have the right to enter upon any lawful trade or business, however, it does not allow unauthorized use of another's trade mark to capture consumer attention as using another's trade mark is much like posting a sign with another's trade mark in front of one's store just to confuse or deceive the buyer.
7. Since the petitioner has entered into agreement with Messrs 21C HTL for his business activities, therefore, petitioner is directed to remove all symbols/marks indicating or showing any resemblance or confusion with the monogram of Shell Pakistan Limited. Both the parties i.e. the petitioner and respondents Nos.5 and 6 have readily agreed to the conclusion arrived at by this Court. The petitioner may, however, approach a proper forum having jurisdiction for any other matter arising out of this civil revision as during the course of arguments no other issue except the one discussed above, has been raised by learned counsel for the petitioner. Consequently, the order of sealing dated 06.04.2020 is set aside subject to removal of bill boards and other signs/symbols creating any confusion with regard to the trade mark of Shell Pakistan.
8. Accordingly, this civil revision petition is disposed of in the above terms.