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Constitutional Petition No.D-360 of 1987, decided on 24th September, 1987.
---S.14--Constitution of Pakistan (1973), Art. 199 Constitutional petition--Laches--Maintainability--Petitioner's application for registration of Trade Mark having been consigned to record, constitutional petition against such consignment filed after about years, held, suffered from inordinate laches and was not maintainable.
S.M. Nurul Hassan for Respondents.
--Mr.S.M.Nurul Hassan has filed memo of appearance. The petitioners claim to be the manufacturers of Steel, Metals and their alloys, stainless steel, iron plates and sheeting, rolled and cast metal goods and other allied goods. The petitioners filed an application for registration of a Trade Mark 'S & Cross', Device on label, in respect of their aforesaid goods under section 14 of the Trade Marks Act, 1940, in the Trade Marks Registry, Government of Pakistan, Karachi, respondent No.1. They are carrying the business at Sandton, Transvall, Republic of South Africa. By the order dated 31-5-1983 the petitioners were informed through their Attorney in Karachi that due to lack of diplomatic relations with South Africa, Trade Marks Registry cannot proceed with their application and the same is consigned to record. Vide another letter dated 28-1-1985 in reply to the letter of Attorney of the petitioners' they were informed that in response to the directions from Ministry about registration of marks belonging to South Africa, action on their application has been deferred. Now, by this petition under Article 199 of the Constitution, the petitioners have sought declaration that the aforesaid two letters addressed to the petitioners by respondent No.1 are unjust, unfair and without any legal effect.
Mr. S. M. Nurul Hassan appearing for the respondents submits that firstly, this petition suffers from laches as the same was filed on 11-4-1987, almost after four years of the passing of the order consigning the application to the record, secondly, the order was appealable and lastly, since the matter pertains to the Government policy, Government cannot be forced in matters of external affairs.
So far the plea of laches is concerned it is correct that they did not file any petition for about four years. Therefore, we are of the view that the petition suffers from inordinate laches. It is therefore, not necessary to examine the other points raised.
We for the aforesaid reasons dismiss this petition in limine.
H.B.T./M-263/K Petition dismissed
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