ASHIM GHOSH Vs. THE CONTROLLER OF PATENTS

JUDGEMENT

(1.) The petitioner impugns the action of respondent authority treating the petitioner's application (being Application No. 1350/DEL/2007) for patent as "Deemed to be Withdrawn".

(2.) The relevant facts are briefly outlined as under:

(3.) The petition was listed on 09.12.2014 and the respondent was granted three weeks time to file a counter affidavit. The petition was again listed on 29.01.2015 and thereafter, on 06.02.2015. Since the respondent had failed to file a counter affidavit, on 06.02.2015, the respondent was granted a final opportunity to file a counter affidavit within a period of four weeks; the respondent did not avail of this opportunity also and, therefore, the petition was heard in absence of a counter affidavit.