By Lucy Rana and Isha Tiwari
India is currently facing an unprecedented spike in the coronavirus cases with the spread of the latest Omicron variant. Taking cognizance of the surge in the coronavirus cases across the country and litigants’ impediments in prosecuting matters, the Hon’ble Supreme Court vide its Order dated March 23, 2020, had taken cognizance and extended period of limitation prescribed under the general law or special laws with effect from March 15, 2020, till further orders. Subsequently, the Hon’ble Supreme Court had extended the said orders in view of the Covid-19 cases reported across country, the last being order dated September 23, 2021, which extended the said period of limitation with effect from March 15, 2020, till October 02, 2021. In the same vein, Trade Mark Registries of Delhi, Ahmedabad and Chennai ordered virtual hearings as opposed to physical hearings to curb the spread of the virus[1].
Supreme Court’s order dated January 10, 2022- Extending limitation period
In a latest development, the Hon’ble Supreme Court vide its order dated January 10, 2022 in the case titled as In Re: Cognizance for Extension of Limitation has once again restored the order dated March 23, 2020 and in continuation of the subsequent orders dated March 08, 2021, April 27, 2021 and September 23, 2021, the Hon’ble Supreme Court excluded the period between March 15, 2020 till February 28, 2022 for the purposes of limitation under any general law or special laws in respect of all judicial or quasi-judicial proceedings [2].
Read Extension of Limitation Period- Supreme Court
Public Notice dated January 18, 2022 as passed by CGPDTM, Mumbai
In light of the order dated January 10, 2022, the Hon’ble Controller General vide its notice dated January 18, 2022 has now notified all concerned stakeholders and litigants that the period of limitation is to be computed in accordance with the order dated January 10, 2022 as passed by the Hon’ble Supreme Court[3].
In this context the Office of CGPDTM, Mumbai has notified as under:
“It is accordingly notified to all the concerned stakeholders/litigants that the period of limitation shall be computed in accordance with the afore-cited order dated 10.01.2022 passed by the Hon’ble Supreme Court of India.”
[1]https://ipindia.gov.in/writereaddata/Portal/News/780_1_circular_7.01.2022.pdf; https://ipindia.gov.in/writereaddata/Portal/News/783_1_PUBLIC_NOTICE_DATED_07.01.2022.pdf; https://ipindia.gov.in/writereaddata/Portal/News/779_1_public_notice.pdf
[2] M.A. No. 21 of 2022 in Miscellaneous Application No. 665 of 2021 in Suo Motu Writ Petition (Civil) No. 3 of 2020; https://ipindia.gov.in/writereaddata/Portal/News/784_1_Public_Notice_dated_18th_January_2022_for_publication_on_website.pdf
[3]https://ipindia.gov.in/writereaddata/Portal/News/784_1_Public_Notice_dated_18th_January_2022_for_publication_on_website.pdf