IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1599 OF 2008 IN APPEAL NO.765 OF 2007 IN NOTICE OF MOTION NO.3321 OF 2005 IN SUIT NO.3221 OF 2002 M/s.Dosch Pharmaceuticals Pvt. Ltd. ..... Appellant V/s. M/s.Rodec Pharmaceuticals Pvt. Ltd. & Ors. ..... Respondents Mr.P.V.Tikare, Advocate for the Appellant. Mr.Ashutosh Kaur and Mr.Vaibhav Keni i/b H.W. Kane, for Respondent Nos.1 & 2. CORAM : R.M.S.KHANDEPARKAR & P.B.MAJMUDAR, JJ. DATED : JUNE 19, 2008. P.C. 1. The learned Advocate for the appellant states that it has been learnt by the appellant that the suit itself has been disposed of for non- compliance of the provisions of Rule 87 of the Original Side Rules and therefore, the appellant crave leave to withdraw the notice of motion and the appeal. Accordingly, the notice of motion No.1599 of 2008 be allowed to be withdrawn with liberty to take appropriate proceedings. 2 2. The question of grant of liberty at this stage does not arise. However, the notice of motion is allowed to be withdrawn and stands disposed of accordingly. ( P.B.MAJMUDAR, J.) ( R.M.S.KHANDEPARKAR, J.)