1. The interpretation to be placed on rule 7 of the Patents Rules, 2003, arises for consideration in this writ petition. The brief facts of the case are as follows:

2. The petitioner submitted an application for a patent under section 7 of the Patents Act, 1970 (hereinafter referred to as ‘the Act’ for short) accompanied by a provisional specification relating to “The method and manner of a device for mechanical automatic water level controller”. The fee payable on an application for a patent accompanied by a provisional specification by a natural person at the relevant time was Rs.1,000/-. The petitioner however paid only Rs.750/- as fee by demand draft dated 17.1.2005 drawn on City Union Bank Ltd. Since there was a deficiency in the fee payable, the petitioner was called upon to pay the deficit fee of Rs.250/- which he paid by demand draft dated 5.2.2005. Thereupon a receipt dated 17.2.2005 [Ext.P1(2)] was issued to his attorney. It was mentioned therein that a formal receipt for application number will follow. On the same day the original of Ext.P1 receipt No.44 dated 17.2.2005 was issued wherein the date 17.2.2005 was entered after striking off the following entry name