JUDGMENT :

K. Ramamoorthy, J.

The petitioner in the above CM.(M)s. opposed the application for registration by the respondent and all formalities were complied with and the petitioner was to submit its evidence. For that purpose an application was made by the petitioner and it was granted three time thrice. The time granted stood extended from 6.10.1988 to 6.12.1998, 6.12.1988 to 6.4.1989 and 6.4.1989 to 6.5.1989. On the ground that the petitioner wanted time to collect evidence, on the 21st of March, 1989 a request was made by the petitioner for the grant of time by two months.

2. On the ground that the time granted had expired, and order was passed on the 10th of May, 1989. The order dated 10.5.1989 reads as under :

"Proceedings having been taken under Section 21 of the Trade and Merchandise Marks Act, 1958 by the abovenamed Opponent to oppose the registration of the trade mark applied for by the abovenamed applicants and whereas by reason of operation of Sub- Rule (2) of Rule 53 of the Trade and Merchandise Marks Rules, 1959, the abovenoted Opposition No. Del-4888 is deemed to have been abandoned : IT IS HEREBY ORDERED THAT in pursuance of Section 97(b) of the Act abovenamed Opponen