Polydrug Laboratroies
P. Ltd. Vs. Controller of Patents & Ors.
O R D E R
1.
Leave
granted.
2.
We
have heard the learned counsel for the parties.
3.
Learned
counsel for the appellant has drawn our attention to Rule 138 of the Patent
Rules, 2003, which reads as under:
"138. Power to
extend time prescribed.-
a. Save as otherwise
provided in the rules 24B, sub-rule (4) of rule 55 and sub-rule (1A) of rule 80,
the time prescribed by these rules for doing of any act or the taking of any
proceeding thereunder may be extended by the Controller for a period of one
month, if he thinks it fit to do so and upon such terms as he may direct.
b. Any request for
extension of time made under these rules shall be made before the expiry of
prescribed period."
4.
According
to a plain reading of Rule 138, it is clear that the Controller may extend the
time for filing evidence for a period of one month. Learned counsel for the
appellant submits that the Assistant Controller of Patents and Designs has not
considered the said Rule 138 of the Patent Rules, 2003 in its proper perspective.
He further submits that he has filed the evidence but the same has not been
taken on record. We are of the considered view that according to Rule 138, the
Controller has the power to extend the time for a period of one month.
5.
Mr.
Grover, learned counsel appearing on behalf of respondent No.4 submits that the
evidence, which has already been filed, may be taken on record subject to the
objections available to him under the rules.
6.
In
the facts and circumstances of the case, we deem it appropriate to set aside impugned
judgment and remit the matter to the Assistant Controller for adjudication afresh
in accordance with law. The appeal is accordingly disposed of.
.....................J
(DALVEER BHANDARI)
.....................J
(GYAN SUDHA MISRA)
New
Delhi;
August
16, 2011.
Special Leave to
Appeal (Civil) No(s).9397/2011(From the judgement and order dated 28/02/2011 in
WP No.2029/2010 of the HIGH COURT OF BOMBAY)
Polydrug Laboratroies
P. Ltd. Vs. Controller of Patents & Ors.
(With prayer for
interim relief)
Date: 16/08/2011 This
Petition was called on for hearing
today.CORAM :
HON'BLE MR. JUSTICE
DALVEER BHANDARI
HON'BLE MRS. JUSTICE
GYAN SUDHA MISRA For Petitioner(s) Mr. Saikrishna Rajagopal, Adv.
Mr. Hari Shankar
K,Adv.
Ms. Ushal
Chandrasekharan,Adv.
Mr. Vikas Singh
Jangra,Adv. For Respondent(s) Mr. Anand Grover, Adv.
Mr. K.S. Prasad,Adv.
Mr. Chanchal Kumar
Ganguli,Adv. UPON hearing counsel the Court made the following
O R D E R
Heard the learned
counsel for the parties.
The impugned judgment
is set aside, the matter is remitted to the Assistant Controller for adjudication
afresh in accordance with law and the appeal is disposed of in terms of the
signed order.
.....................J
(A.S. BISHT)
.....................J
(NEERU BALA VIJ)
COURT
MASTER ASSISTANT REGISTRAR
(Signed
order is placed on the file)
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