By Soumya Sehgal and Bhanu Dhingra
The Office of the Controller General of Patents, Designs and Trademarks (CGPDTM) has issued a public notice dated October 03, 2021 in furtherance of Supreme Court’s order dated September 23, 2021 recalling the extension of limitation period.[i]
The Apex court in its order of September 23, 2021, had held that the period from March 15, 2020 till October 02, 2021 shall stand excluded from computing limitation period.
The Hon’ble Supreme Court inter alia held that –
“8. Therefore, we dispose of the M.A. No.665 of 2021 with the following directions:-
- In computing the period of limitation for any suit, appeal, application or proceeding, the period from 15.03.2020 till 02.10.2021 shall stand excluded. Consequently, the balance period of limitation remaining as on 15.03.2021, if any, shall become available with effect from 03.10.2021.
- In cases where the limitation would have expired during the period between15.03.2020 till 02.10.2021, notwithstanding the actual balance period of limitation remaining, all persons shall have a limitation period of 90 days from 03.10.2021. In the event the actual balance period of limitation remaining, with effect from 03.10.2021, is greater than 90 days, that longer period shall apply.
- The period from 15.03.2020 till 02.10.2021 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 the Supreme Court, the Office of Controller General of the CGPDTM has now notified that period of limitation shall be computed in accordance with the afore-cited order dated September 23, 2021 of the Hon’ble Supreme Court of India.