( 1 ) A short and a neat point adversely affecting a citizens legal right for being heard only in opposition proceedings under the Patents Act 1970 arises in these two matters for our consideration.

( 2 ) BOTH the aforesaid matters are disposed of by this common judgment as desired by the learned advocates of the parties.

( 3 ) IN order to appreciate the grievance of the petitioner-Anup Engineering Limited-before us a few relevant facts may be stated.

( 4 ) THE petitioner Company manufacturing machines of several types and is having its registered office at Anil Starchs premises Anil Road Post Box. No. 1164 Ahmedabad. It may be also stated at this stage that respondent No. 3-Bharat Heavy Electrical Limited-is having its office at 18. 20 Kasturba Gandhi Marg New Delhi.

( 5 ) THE case which was put up before us discloses that respondent No. 3 made an application to the Controller of Patents having its office at Municipal Market Building III Floor Karol Bagh New Delhi on 3/10/1977 for getting a patent in regard to a machinery known as metal bellows. It may be stated that respondent No. 3 had made such an application to respondent No. 1-the statutory Officer under sec. 66 of the Patents Act 1970

( 6 ) AFTER the filing of such an application by respondent No. 3 before respondent No. 1 an advertisement appeared in the Gazette of India of 20/10/1979 (Asvina 28 1901 Part III-Sec. 2 and the advertisement which appeared in the said Gazette is in the following terms:manufacture OF METALLIC BELLOWS. APPLICANT: BHARAT HEAVY ELECTRICALS LTD. 1820 KASTURBA GANDHI MARG NEW DELHI-110001. INVESTORS: MAHENDRA KUMAR MEHTA RAM KUMAR DASSMAL BUDHANI AND GEORGE MATHEW. APPLICATION No. 1141/cal/76 filed 5/07/1976 Complete Specification left 3/10/1977appropriate office for opposition Proceedings (Rule 4 Patents Rules 1972 Patent Office Delhi Branch. 5 Claims. An apparatus for producing metal bellows out of metallic tubes comprising a die preferably made in two halves said die having grooves formed at its inside said die being disposed within a cylinder means for introducing liquid such as oil under pressure into a metal tube placed within the die to form partial convolutions in the wall of the metal tube on the expansion of the metal tube under the ore pressure said tube being then subjected to roll forming machine comprising three rollers one toll roller and two bottom rollers each having stages for stepwise formation of grooves to give the final shape to the bellow. PROV. Specn. 6 pages. COMP. Specn. 9 Pages. Drg. 3 Sheets.

( 7 ) THE said advertisement clearly provides inter alia that even the appropriate office for opposition proceedings (See the bracketed portion of the said advertisement: Rule 4 of the Patents Rule 1979 is as referred in the advertisement. It may be significantly noticed that the appropriate office address for the opposition proceedings is only mentioned as:- Petent Office Delhi Branch. In pursuance to the said advertisement it is an admitted fact as can be seen from the affidavit-in-reply filed by the Deputy Controller of Patents and Designs Bombay that the petitioner-Company wanted to appear and lodge its grievances by way of opposition proceedings before grant of any patent to respondent No. 3. After having read the advertisement the petitioner who is having its registered office in Ahmedabad posted an application on 17/02/1980 The petitioner Company posted the application in Ahmedabad by registered post. On these facts there was no dispute before us as can be significantly noticed even from the affidavit-in-reply filed by the Deputy Controller of Patents and Designs on behalf of respondent No. 1.

( 8 ) IT appears that the said application was not received by respondent No. 1/02/1980 but the envelope containing the application of the petitioner was possibly returned by the post office to the petitioner-Company.

( 9 ) IT may be also stated that on 3/03/1980 the application of the petitioner Company was reposted w