| Case ID |
3cd2140b-5f90-4d04-9dd9-c144fda29f62 |
| Body |
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| Case Number |
Suit No. 838 of 2012 |
| Decision Date |
Nov 19, 2015 |
| Hearing Date |
|
| Decision |
The Sindh High Court dismissed the application for a temporary injunction sought by the plaintiff, Global Quality Foods Pvt. Ltd., against the defendant, Hardees Food Systems, Inc. The court found that the plaintiff failed to establish a prima facie case for exclusivity in the operation of Hardee's Restaurants in Sindh. The court determined that the agreements cited by the plaintiff did not confer exclusive rights to operate multiple restaurants, and that the balance of convenience did not favor the plaintiff's claims. Furthermore, the court noted that the rights under the International Development Agreement (IDA) had not been assigned to the plaintiff, as the IDA had been terminated prior to the assignment agreement. Thus, the court ruled that the plaintiff could not claim injunctive relief based on the alleged exclusive rights under the IDA, which was no longer in effect. |
| Summary |
The case revolves around a dispute regarding the rights to develop and operate Hardee's Restaurants in the Province of Sindh. The plaintiff, Global Quality Foods Pvt. Ltd., claimed exclusive rights based on several agreements, including the International Development Agreement (IDA), the Multi-Unit License Agreement (MULA), and a New Development Rider (NDR). The court analyzed these agreements and determined that the plaintiff had not been granted exclusive rights to operate multiple restaurants, as the IDA had been terminated prior to the assignment of rights. The court emphasized the importance of jurisdiction and the choice of law, noting that the agreements stipulated that any disputes should be resolved according to U.S. laws, not in Pakistan. Ultimately, the court dismissed the plaintiff's application for a temporary injunction, concluding that the plaintiff did not demonstrate a prima facie case for exclusivity and that the balance of convenience did not favor granting injunctive relief. |
| Court |
Sindh High Court
|
| Entities Involved |
GLOBAL QUALITY FOODS PVT. LTD.,
HARDEES FOOD SYSTEMS, INC.
|
| Judges |
MUHAMMAD ALI MAZHAR, J
|
| Lawyers |
Dr. Muhammad Farogh Naseem,
Muhammad Omer Soomro
|
| Petitioners |
GLOBAL QUALITY FOODS PVT. LTD.
|
| Respondents |
HARDEES FOOD SYSTEMS, INC.
|
| Citations |
2016 SLD 586 = 2016 PLD 169
|
| Other Citations |
1981 CLC 638,
2005 CLC 1377,
1980 SCMR 588,
1992 CLC 2540,
2005 MLD 541,
2005 CLD 1805,
PLD 2004 SC 860,
2009 CLD 153
|
| Laws Involved |
Specific Relief Act, 1877,
Contract Act, 1872,
Civil Procedure Code (V of 1908),
Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act (XVII of 2011),
Arbitration Act (X of 1940)
|
| Sections |
54,
28,
O.XXXIX,Rr.1,2,11,9,20,
3(2),
4,
34
|