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1982 Supreme(Bom) 132

B.J.RELE
Press Metal Corporation Limited – Appellant
Versus
Noshir Sorabji Pochkhanawalla – Respondent


Advocates:
T.N. Daruwalla with Miss. Roshni Andhyaruhina, for Petitioners; S.B. Shah and M.I. Sethna, for Respondents.

ORDER :- The opponents have preferred this appeal against the order and decision dated 5th July, 1980 of the Assistant Controller of Patents and Designs, dismissing the opposition to the grant of patent and directing the Complete Specification to be amended as indicated in the said order.

2. On 28-3-1971 one Noshir Edulji Pochkhanawalla made an application numbered 130620 for registration of a Patent for an invention relating to "Improvement in or relating to Mufflers or Exhaust Silencers for Internal Combustion Engines" along with provisional specifications. On 14-6-1971 the applicant filed complete specifications. The application was accepted by the Controller of Patents and the acceptance was notified in the Gazette of India dated 19-8-1972. The petitioners filed notice of opposition under S.25 of the Patents Act, 1970. On 10-2-1973 the applicant filed his reply to the Notice of Opposition and on 26-2-1973 the applicant filed his reply - Statement. On or about 21st June 1973 the said Noshir Edulji Pochkhanawalla died leaving a Will whereby he appointed the 1st Respondent as Executor. The 1st respondent obtained probate of the Will and the 1st Respondent was substituted as applica



















































































































































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