JAGDHIR SINGH Vs. CONTROLLER GENERAL OF PATENTS

JUDGEMENT

(1.) The respondent in this appeal has resisted an application filed by the appellant under Section 5 of the Limitation Act, 1963 for condonation of delay of 33 days in preferring the appeal. The objection is based on an interpretation of Section 36 of the Designs Act, 2000. The said section reads as follows:

(2.) The argument proceeds on the basis that since the statute has prescribed a period of three months as the outer limit for preferring an appeal against an order passed by the controller, the High Court cannot extend the said time inasmuch as the High Court does not have any inherent power to extend the time beyond the period prescribed under Section 36 of the Designs Act. On behalf of the appellants three Single Bench decisions of this Court passed in GA No.1713 of 2012 and AID No.5 of 2012 ( Mr. Gigaram M. Patel vs. The Assistant Controller of Patents and Designs and Anr.) on 26th November, 2012 by Indira Banerjee, J.; AID No.2 of 2009 (Ramesh Chandra Modi vs. Controller of Patents and Designs and Ors.) on 25th February, 2010 by Sanjib Banerjee, J. and AID No.1 of 2009 ( Ramesh Chandra Modi vs. Controller of Patents and Designs and Ors .) on 25th February, 2010 by Sanjib Banerjee, J. and one reported decision in the case of Chandra Sekhar Sarkar vs. Baidyanath Ghosh and Ors. reported in AIR 1982 Cal 6 and two decisions of the Hon'ble Supreme Court reported in (1989)2 SCC 613 (Smt. Lata Kamat vs. Vilas) and reported in AIR 1976 SC 105(Mangu Ram and Anr. vs. Municipal Corporation of Delhi) are cited in order to show that the Court under the present circumstances could exercise jurisdiction under Section 5 of the Limitation Act, 1963 to extend the period of limitation beyond the time prescribed under the statute if sufficient cause is shown.

(3.) The preliminary objection relates to the jurisdiction of the Court to extend the time beyond the period of three months.