( 1 ) THIS petition under Art. 226 of the Constitution is filed by torrent Pharmaceuticals Limited praying for a writ of mandamus or any other appropriate writ directing the Union of India through the Registrar of Trade Marks and the Assistant Registrar of Trade Marks at Ahmedabad (hereinafter referred to as the Assistant Registrar) to treat the evidence filed by respondent No. 3 the wellcome Foundation Ltd. , by way of two affidavits in the opposition proceedings to the petitioners application for registration of trade mark as taken off from the record and to treat the opposition proceedings bearing No. AMD-916 as abandoned under Rule 53 (2) of the Trade and Merchandise Marks Rules, 1959 (hereinafter referred to as the Rules ). The petitioner has also prayed for quashing and setting aside the order dated 30-9-1997 passed by the Assistant Registrar disposing of the interlocutory petition filed by respondent No. 3 herein taking the affidavits and the documents filed by respondent No. 3 on record as further evidence in support of the opposition proceedings. With consent of the learned Counsel for the parties the petition was taken up for final disposal.

( 2 ) THE facts