Kelley Drye's India affiliate Wakhariya & Wakhariya, along with the father-son duo of T.R. Andhyarujina and Zal Andhyarujina with Senior counsel Atul Rajadhyaksha, have convinced the Bombay High Court to stop Aventis Pharma, a subsidiary of Sanofi Aventis, from marketing the anti-rabies vaccine, Verorab.

Aventis Pharma and Novartis are joint venture partners in Chiron Behring Vaccines (CBV), the company which manufactures and markets Rabipur. While Novartis and Aventis were jointly marketing the Rabipur drug through CBV, Aventis independently started distributing Verorab, a rival product, which was not manufactured and/or distributed or permitted to be distributed by either Novartis or through CBV.

Justice Anoop V. Mohta, while staying the distribution of Verorab reasoned, "the partner who is engaged in a parallel business of distributing the rival products is in complete breach of the basic purpose and object of the joint venture".

Senior Counsels, T.R. Andhyarujina and Atul Rajadhyaksha along with Zal Andhyarujina appeared on behalf of Novartis. Senior Counsel D.J. Khambata along with M.S. Doctor were instructed by Bachubhai Munim & Co., and represented Aventis Pharma.

Like many multinational pharma companies, Novartis has a panel of law firms on its side. In the Glivec appeal filed by Novartis, they are being advised by Meenakshi Arora of Kachwaha & Partners. Globally, Novartis is an old client of Kelley Drye and the Managing Partner of Wakhriya in Mumbai, Shabbir S. Wakhariya is listed as a Partner at Kelley Drye's New York office.  

This dispute has been taking a toll on the manufacture of both the essential anti rabies vaccines. Economic Times reports that India has the highest number of dog bite incidents in the world with 17 million cases, resulting in death of 20,000 people every year.