SERGI TRANSFORMER EXPLOSION PREVENTION TECHNOLOGIES PVT. LTD. Vs. THE CONTROLLER OF PATENTS AND DESIGNS & ORS.

JUDGEMENT

(1.) IN this petition under Article of the Constitution of India, the petitioner has prayed for various reliefs which essentially pertain to pre -grant opposition proceedings filed by the petitioner in connection with Patent Application No. 1425//2005. At the hearing of this petition, the learned counsel for the petitioner seeks leave to place on record a copy of order dated 27th January, 2012, which has been recently passed, obviously after filing of the petition. In the operative order, the Senior Joint Controller of Patents and Designs passed the following order:

(2.) THE learned counsel for the petitioner invites our attention to the finding given by the Senior Joint Controller of Patents and Designs ("Controller" for brevity) in paras (ii) and (iii) of the said order dated 27th January, 2012, and submits that the petitioner will be prejudiced in the post grant proceedings on account of the aforesaid findings.

(3.) AS regards the finding given by the Controller regarding documents under the heads C, D, E, F, G, H and I, it appears that what is required to be done is to permit the petitioner to produce the documents on record along with an affidavit, which the petitioner shall do within two weeks from today.