- Case number
- COM/1/2024
- Court
- Calcutta High Court
- Date of judgment
- Judge
- Ravi Krishan Kapur
- Outcome
- Dismissed
Headnote
A patent appeal was dismissed as not maintainable because the delay was not condoned. Even after excluding the Covid period from 15 March 2020 to 28 February 2022 and a further 90 days, more than 625 days went unexplained. Being a foreign applicant with no Indian presence at the time, confusion among stakeholders and delay in engaging counsel were all held ill-founded. A liberal approach cannot be used to jettison the substantive law of limitation.
Disposition
Application under section 5 of the Limitation Act dismissed; consequentially the appeal dismissed on the ground of maintainability.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.