1. Petitioner is seeking direction to restrain the 2nd respondent from granting registration under Section 9(4) of the Insecticides Act, 1968 to the 4th respondent or to any other similar applicants for manufacture of two chemicals namely, 'Dtrans allethrin' and 'transfluthr in', by employing the manufacturing process for which the petitioner obtained patent under the Patents Act, 1970. Interalia, the petitioner is seeking declaration that the 2nd respondent is not authorised to give registration to the 4th respondent or to any other applicants with respect to manufacture of the above said two chemicals.

2. Question involved is, whether the authority granting registration under the Insecticides Act is bound to look into the aspect of registration of patent, for the purpose of granting registration. Procedure for registration of an insecticide for the first time is contemplated under Section 9(3) of the Insecticides Act. Section 9(4) enables any other person who is desiring to import or manufacture an insecticide for which registration has already been granted in the name of another person, to apply for registration. Such person will be allotted with a registration number a