M. VENUGOPAL, J.

1. The Petitioner has focused the instant Writ Petition before this Court praying for calling of the records pertaining to the impugned order passed by the 1st Respondent in ORA/3/2007/PT/CH dated 17.04.2009 by confirming the Patent granted to the 3rd Respondent in Patent No.204322 by the 2nd Respondent.

2. According to the Learned Counsel for the Petitioner, the order of the 1st Respondent/Appellate Board dated 17.04.2009 is against Law, Facts, weight of evidence and all probabilities of the case. Further, it is the stand of the Petitioner that the 3rd Respondent had obtained the 'Patent' in his favour by suppressing the material fact, which was brought to the knowledge of the 1st Respondent/Board by the Petitioner through documentary evidence, which was not appreciated in proper and real perspective.

3. The Learned Counsel for the Petitioner proceeds to take a stand that the 3rd Respondent had fraudulently filed an Application for Patent on 14.09.2004 keeping the entire technology of the Applicant, but making little variation in respect of studs and the