IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (L) NO.375 OF 2006 IN NOTICE OF MOTION NO.2708 OF 2005 IN SUIT NO.2468 OF 2005 Wanbury Limited ..Appellant (Orig.Plff.) Vs. Novartis A.G. & Ors. ..Respondents. (Orig.Defts.) Mr.I.M.Chagla, Senior Advocate with Mr.R.Chagla i/b.D.H.Law Associates for the Appellant. Mr.Kiran Mehta i/b. Mr.G.S.Hegde & Mr.V.A.Bhagat for Respondent Nos.1, 2 and 5 CORAM: DR.S.RADHAKRISHNAN AND CORAM: DR.S.RADHAKRISHNAN AND CORAM: DR.S.RADHAKRISHNAN AND S.J.VAZIFDAR, JJ. S.J.VAZIFDAR, JJ. S.J.VAZIFDAR, JJ. DATED: 10TH AUGUST, 2006 DATED: 10TH AUGUST, 2006 DATED: 10TH AUGUST, 2006 P.C. : P.C. : P.C. : Heard the learned counsel for the Appellant and the learned counsel for the Respondent Nos.1, 2 and 5. 2. Appeal is admitted. 3. By consent of both the parties, being the contesting parties, appearing before us, the Appeal is taken up for final hearing. Having regard to the facts and circumstances of the case and in the larger : 2 : interest of justice, especially in view of the absence of the counsel, the litigant ought not to suffer, we set aside the learned Single Judge’s order dated 2nd March, 2006 so as to enable the Appellant to argue the aforesaid Notice of Motion on its own merits. 4. The Appellant shall pay the costs quantified at Rs.5000/- to the Maharashtra State Legal Services Authority within a period of two weeks from today. 5. Appeal stands disposed of accordingly. (DR.S.RADHAKRISHNAN, J.) (DR.S.RADHAKRISHNAN, J.) (DR.S.RADHAKRISHNAN, J.) (S.J. VAZIFDAR, J.) (S.J. VAZIFDAR, J.) (S.J. VAZIFDAR, J.)