Categories: CRIME

Contempt Of Court: Krishat Pharma Industries Company’s Account Manager, Sumit Gupta, May Go To Prison

<h4>Contempt Of Court<&sol;h4>&NewLine;<p><strong><a href&equals;"https&colon;&sol;&sol;openlife&period;ng&sol;">OpenLife Nigeria<&sol;a><&sol;strong> reports that a Mauritius based Pharmaceutical company Aspen Global Incorporated&comma; alongside its Nigeria subsidiary&comma; Aspen Pgarma Nigeria Ltd&comma; has filed an application before a federal high court in Lagos&comma; south west Nigeria&comma; urging the court to committee to prison&comma; a pharmaceutical company Krisaht Pharma Industries Ltd&comma; Mr Sumit Gupta&comma; the account manager&comma; and John Ayegbeso&comma; of the account&period; department for flagrantly disobeying the order of the court&comma; until they purge themselves of the contempt&period;<&sol;p>&NewLine;<p>According to an affidavit sworn to by a legal practitioner&comma; Gilbert Obichere and filed before the court by a Lagos lawyer&comma;Barrister Tochukwu Onuora&comma;the deponent avers that the court made an interim order of injunction in favour of the applicant on January 18&comma;2023&period;<&sol;p>&NewLine;<p>Pursuant to that order of the court&comma;the court made the following reliefs amongst others in favour of the applicants&colon;<&sol;p>&NewLine;<p>An order of interim injunction restraining KRISHAT PHARMA INDUSTRIES LTD whether acting by themselves&comma; their servants&comma; agents&comma; privies or otherwise howsoever until the determination of the applicants motion for order or further order&comma;from doing or authorizing the doing of the following acts or any of them&semi;that is to say&semi;<&sol;p>&NewLine;<p>1&period; Manufacturing&comma; importing&comma; selling offering for sale&comma; supplying &lpar;i&rpar;or inviting offers to acquire or distribute for the purpose of sale&comma; products purporting to be analgesics preparation&comma;antipyretic drugs and other pharmaceutical drugs bearing the name &&num;8220&semi;CAFEKRIS&&num;8221&semi; or any other words closely resembling the Applicant&&num;8217&semi;s registered trademarks RTM 5137 for CAFENOL in class 5&comma; as to be calculated to lead to the belief that the analgesics preparation&comma; antipyretic drugs and other pharmaceutical drugs not of the Applicants&&num;8217&semi; manufactured are products of the Applicants&period;<&sol;p>&NewLine;<p>&lpar;ii&rpar;Passing-off attempting to pass-off or causing&comma; enabling or assisting others to pass-off products purporting to be analgesics preparation&comma; antipyretic drugs and other pharmaceutical drugs not of the Applicants&&num;8217&semi; manufacture or merchandise as and for the goods of the Applicants by the use or in connection therewith in the course of trade the words &&num;8220&semi;Cafekris&&num;8221&semi; or adopting the get-up&comma; logo&comma; and label identical in all essential details to that of the Applicants'&&num;8221&semi;CAFENOL&&num;8221&semi; or any colourable imitation thereof without duly distinguishing such words&comma; mark&comma; get-up&comma; logo or label from that of the Applicant or other means&period;<&sol;p>&NewLine;<p>Infringing the copyright in the Artistic work of the Applicant&&num;8217&semi;s Trade Mark &&num;8220&semi;CAFENOL&&num;8221&semi;&comma; it&&num;8217&semi;s get-up&comma; logo&comma; package and distinctive label&period;<&sol;p>&NewLine;<p>However&comma; notwithstanding the order of the court above&comma; the alleged contemnors&comma; in blatant disobedience and show of contempt to the order of court&comma; not only refused to provide the aforementioned document contained in the order of the court above&comma; but also refused to sign&comma; a requisition memo attesting to this fact&period;<&sol;p>&NewLine;<p>That the requisition memo specifically requested that the following document be submitted to the Applicant&&num;8217&semi;s Solicitor within one week from the date of execution&semi;<&sol;p>&NewLine;<p><em><strong>A&period; Sales receipt for CAFEKRIS from December 21&comma; 2020&comma; to Feb 14&comma; 2023<&sol;strong><&sol;em><br &sol;>&NewLine;<a href&equals;"https&colon;&sol;&sol;www&period;vanguardngr&period;com&sol;"><em><strong>B&period; Actual stock of CAFEKRIS from December 21&comma; 2021 to February 14&comma;2023&period;<&sol;strong><&sol;em><&sol;a><br &sol;>&NewLine;<em><strong>C&period; Shipment details of CAFEKRIS to all distributors between 21st December 2021&comma; to Feb 14th&comma; 2023&period;<&sol;strong><&sol;em><br &sol;>&NewLine;<em><strong>D&period; Invoices for all cafekris products distributed to all Krishat Pharma distributors&period;<&sol;strong><&sol;em><br &sol;>&NewLine;<em><strong>E&period;Every carton&comma; bags&comma; products bearing the CAFEKRIS MARK manufactured from December 2021 till date&period;<&sol;strong><&sol;em><&sol;p>&NewLine;<p>Following the Alleged Contemnors refusal to comply with the order of the court as contained above&comma; the Applicants wrote to the alleged contemors on the 20th of February&comma;2023 listing the above requested document and demanded that the alleged contemnors comply with the order of the court to no avail&period;<&sol;p>&NewLine;<p>The alleged contemnors to wit&semi;<br &sol;>&NewLine;John Ayegbeso of the Accounts department and Mr&comma;Sumit Gupta the account manager&comma; have refused and neglected to deliver all CAFEKRIS products and all other volume of transactions or trade which has been done by the their company such as cartons&comma; bags&comma; shipments&comma; order forms&comma; invoices&comma;bills&comma;delivery orders and receipts&comma; despite several opportunity availed them to purge themselves of the contempt&period;<&sol;p>&NewLine;<p>Forms 48 and 49 has been issued and duly served on the Krishat Pharma Industries&comma; its agents&comma; servants and privies&period;<&sol;p>&NewLine;<p>Consequently&comma;Mr&period; Obichere urges the court in the interest of justice to grant the application&period;<br &sol;>&NewLine;Meanwhile&comma;the presiding Judge&comma;Justice Akintayo Aluko has adjourned till 23rd of April&comma;2024 for the hearing of the application&period;<&sol;p>&NewLine;<p>&nbsp&semi;<&sol;p>&NewLine;

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