P.N.Mookerjee, J. - (1.) This Is an application for a certificate for leave to appeal to the Supreme Court against our decision, dated 5th January, 1970, in the connected appeal No. 112 of 1968. The matter relates to proceeding for rectification of the register of patents in respect of Patent No. 46368, on an application, filed by the present petitioners under Section 64 of the Indian Patents and Designs Act, The application was dismissed by the Joint Controller of Patents and the petitioner's appeal against the said decision was dismissed by us by our above judgment Hence this application for a certificate for leave to appeal to the Supreme Court. The application has been under Article 133 (1) of the Constitution of India,
(2.) The facts, leading to this litigation, may be shortly stated as follows: The patent in question was granted on 13th December, 1951. Necessary entry was made in the relevant Register, but thereafter, on 3rd May, 1957, in a proceeding between the parties concerned, the patent was revoked by Oak J. of the Allahabad High Court. In consequence of the said revocation, the relevant patent register was amended on 12th November, 1957. Thereafter, upon respondent's appeal, a Division Bench of the Allahabad High Court reversed and set aside Oak J.'s above judgment on 12th January, 1966. In pursuance of this judgment and on production of a certified copy of the same before the appropriate authority, the necessary entry was made in the Patent Register on 25th March, 1966, and renewal fees for the patent in question for the 9th to 16th year, which had not been received in the meantime by the patent office on account of the revocation, made by Oak J., as noted above, was paid, received and accepted on the said date. Thereafter, on 13th April, 1966, the present application was made by the appellants under Section 64 of the above Act for rectification of the Patent Register by making a note therein that the above patent had ceased by reason inter alia of non-payment of renewal fees in time. It is to be noted here that, in spite of revocation of the patent in question by Oak J., as stated hereinbefore, renewal fees for the 5th to 8th years were paid and accepted by the patent office but, when, on 11th December, 1969, renewal fees for the 9th year was tendered, the patent office refused to accept the same and also rejected the respondent's prayer for keeping the amount in question in suspense account. Thereupon, no further payment was made until after the Appellate Court's judgment, mentioned hereinbefore, dated the 12th January, 1966, setting aside the revocation of the patent in question, and necessary and consequent rectification of the patent register on 25th March, 1966. In the above state of facts, the joint controller, by his order dated March 19. 1968, dismissed the appellant's application under Section 64 of the above Act and the said decision was affirmed by us by our judgment and order dated 5th January, 1970. Against our said decision, as stated hereinbefore, the present application has been made by the appellants under Article 133 (1) of the Constitution.
(3.) Although, in the application, reference was made and certificate was prayed for under all the three clauses of the above Article 133 (1) of the Constitution of India, Mr. Sen, arguing for the appellants petitioners, ultimately confined his arguments only to Clause (c) of the said Article but he made a strong plea before us that the instant case was a fit one for a certificate under the said clause.;