The Office of the Controller General of Patents, Designs and Trademarks (CGPDTM) has issued a public notice dated March 24, 2021 in furtherance of Supreme Court’s order dated March 8 , 2021 in the case of extension of limitation period.
The Apex Court in its order of March 8 had held that the period from March 15, 2020 to March 14, 2021 shall be excluded from computing limitation period.
The Hon’ble Supreme Court inter alia held that –
“2. We have considered the suggestions of the learned Attorney General for India regarding the future course of action. We deem it appropriate to issue the following directions: –
- In computing the period of limitation for any suit, appeal, application or proceeding, the period from 15.03.2020 till 14.03.2021 shall stand excluded. Consequently, the balance period of limitation remaining as on 15.03.2020, if any, shall become available with effect from 15.03.2021.
- In cases where the limitation would have expired during the period between 15.03.2020 till 14.03.2021, notwithstanding the actual balance period of limitation remaining, all persons shall have a limitation period of 90 days from 15.03.2021. In the event the actual balance period of limitation remaining, with effect from 15.03.2021, is greater than 90 days, that longer period shall apply.
- The period from 15.03.2020 till 14.03.2021 shall also stand excluded in computing the periods prescribed under Sections 23 (4) and 29A of the Arbitration and Conciliation Act, 1996, Section 12A of the Commercial Courts Act, 2015 and provisos (b) and (c) of Section 138 of the Negotiable Instruments Act, 1881 and any other laws, which prescribe period(s) of limitation for instituting proceedings, outer limits (within which the court or tribunal can condone delay) and termination of proceedings.”
In view of the aforesaid holding of Supreme Court, the Office of the CGPDTM has now notified that period of limitation shall be computed in accordance with the afore-cited Order dated March 008, 2021 as passed by the Hon’ble Supreme Court of India.