The Supreme court of India has
taken suo moto cognizance in a petition for “Extension of Limitation” in
view of the situation arising out of the challenge faced by the country on
account of Covid-19 Virus and resultant difficulties that may be faced by litigants
across the country in filing their petitions/applications/suits/ appeals/all other
proceedings within the period of limitation prescribed under the general law of
limitation or under Special Laws (both Central and/or State).
In order to obviate such
difficulties and to ensure that lawyers/litigants do not have to come
physically to file such proceedings in respective Courts/Tribunals across the
country, the Court ordered that a period of limitation in all such proceedings,
irrespective of the limitation prescribed under the general law or Special Laws
whether condonable or not, shall stand extended w.e.f. 15th March 2020 till
further order to be passed by this Court.
While pronouncing the order,
the court exercised the power under Article 142 read with Article 141 of the
Constitution of India and declared that this order is a binding order within
the meaning of Article 141 on all Courts/Tribunals and authorities.
The court has also directed that
this order may be brought to the notice of all High Courts in India for further
communication to all subordinate Courts/Tribunals within their respective
jurisdiction.
In view of this court’s
order, it is likely that the Indian Patent Office and the Indian Trade Marks
Registry issue specific notices clarifying automatic extension of time in
respect of matters, such as filing of applications (including PCT filing),
replying to office action, filing of any other documents in respect of application/opposition/rectification,
hearings and in any other related matter, where there is prescribed deadline falling
on March 15, 2020 and thereafter. This will bring relief not only to the applicant/opponent/petitioner/respondent
and other interested parties in any proceeding but also to attorneys and agents
in India and abroad.
