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The Union Bank of Colombo Limited filed action in the Commercial High Court on 25.09.2003 and obtained an Enjoining Order against the Union Bank Limited (Incorporated in Pakistan) restraining them from using the name "Union Bank" and/or "Union Bank (Incorporated in Pakistan)" and/or "Union Bank (Pakistan)" as its name and/or as a part of its name and/or as its trade name and/or as a part of its trade names and/or corproate get-up and/or from doing business under any name which contains the words "Union Bank".

The Union Bank of Colombo Limited has been conducting business in Sri Lanka since its inception in 1995 under the name of "Union Bank" and currently has in excess of 21,000 customers and has 10 branches islandwide. Union Bank Ltd., (Incorporated in Pakistan) brought over the operations of the Mashreq Bank and commenced operations on or around 16.08.2003 also using the words "Union Bank" as part of its name.

On 26.09.2003 Union Bank Ltd (Incorporated in Pakistan) filed a motion in Court claiming that the said Enjoining Order prevented them from carrying on further business and that it would result in an enormous loss to itself and to its customers and moved to have the said Enjoining Order discharged and/or varied and/or set aside.

Counsel for the Union Bank of Colombo Ltd resisted this application submitting inter alia, that the Union Bank Ltd., (Incorporated in Pakistan) had by their actions infringed the registered Trade marks and/or Trade Name of the Union Bank of Colombo Ltd. and re-iterated that actual confusion and deception had been caused in the financial market and to the public by the use of the words "Union Bank" by the said Union Bank Ltd (Incorporated in Pakistan).

S.L. Gunasekera with Mr. Nigel Hatch instructed by Sudath Perera Associates appeared on behalf of the Union Bank of Colombo Ltd and H.L. De Silva P.C. with Avindra Rodrigo instructed by F.J.& G. De Saram appeared for the Union Bank Ltd., (Incorporated in Pakistan).

The Honourable High Court Judge L.K. Wimalachandra after hearing submissions by Counsel for both parties, stated that he will deliver his order on the motion of the Union Bank Ltd. (Incorporated in Pakistan) on 02.10.2003 and extended the said Enjoining Order currently in operation against them until the same date.

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