( 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.