Mitter, J. - (1.) This is an application for a certificate under Article 133(1)(c) of the Constitution.
(2.) The matter arises out of a decision of the Controller of Patents under the Indian Patents and Designs Act, 1911 holding that the respondent Arlabs Private Limited should be granted the licences they seek. An appeal preferred therefrom by the patentee Farbenfabriken Bayer Aktiengesellschaft to this Court was dismissed. The patentee now desires to go up to the Supreme Court. Various points were canvassed at the bar on the different aspects of Article 133(1) of the Constitution namely (a) whether the proceeding was a civil proceeding (b) whether the order was a final order (c) whether Article 133 was at all applicable to a case which had not been before two Courts including the High Court (d) whether in hearing the appeal the High Court was acting as a persons designata and lastly (e) whether the case was a fit one for appeal to the Supreme Court.
(3.) Before dealing with the applicability of Article 133(1) of the Constitution it is necessary to refer in brief to the facts of the case and the provisions of Patents and Designs Act which arose for consideration therein.;