SUPREME COURT NOD TO TERMINATION OF PANDEMIC RELAXATIONS OVER THE TIMELINES IN THE STATUTE

While the debate over the appropriateness of the term “pandemic” over the term “epidemic” from the perspective of a country has not yet subsided for the intellectual fraternity, the shimmering hope of recovery has found its place in the legal fraternity with the Hon’ble Supreme Court bringing back to life the timelines in place effective March 14, 2021 after a year-long relaxation.

With the changing scenario, the Hon’ble Supreme Court of India has now prescribed a modified measure in its recent judgment on March 08, 2021, essentially nurturing a parlance between the need to accord more time towards a full recovery with the settled principles of Vigilantibus non dormientibus jura subveniunt, after such a relaxation from 15.03.2020 to 14.03.2021. The Hon’ble Supreme Court has explained as to why the relaxations have been brought to an end with effect from 15.03.2021. This is due to lifting of the lockdowns and the country slowly returning towards normalcy. There is, however, a provision made whereby matters where limitation ended before 14.03.2021 would get a period of 90 days to perform the activity which was due under the law of limitation, but could not be done. The relevant clauses contained in the Supreme Court’s judgment reads as under

1. Due to the onset of COVID-19 pandemic, this Court took suo motu cognizance of the situation arising from difficulties that might be faced by the litigants across the country in filing petitions/applications/suits/appeals/all other proceedings within the period of limitation prescribed under the general law of limitation or under any special laws (both Central or State). By an order dated 27.03.2020 this Court extended the period of limitation prescribed under the general law or special laws whether compoundable or not with effect from 15.03.2020 till further orders. The order dated 15.03.2020 was extended from time to time. Though, we have not seen the end of the pandemic, there is considerable improvement. The lockdown has been lifted and the country is returning to normalcy. Almost all the Courts and Tribunals are functioning either physically or by virtual mode. We are of the opinion that the order dated 15.03.2020 has served its purpose and in view of the changing scenario relating to the pandemic, the extension of limitation should come to an end.

2. We have considered the suggestions of the learned Attorney General for India regarding the future course of action. We deem it appropriate to issue the following directions: –

1. In computing the period of limitation for any suit, appeal, application or proceeding, the period from 15.03.2020 till 14.03.2021 shall stand excluded. Consequently, the balance period of limitation remaining as on 15.03.2020, if any, shall become available with effect from 15.03.2021.

2. In cases where the limitation would have expired during the period between 15.03.2020 till 14.03.2021, notwithstanding the actual balance period of limitation remaining, all persons shall have a limitation period of 90 days from 15.03.2021. In the event the actual balance period of limitation remaining, with effect from 15.03.2021, is greater than 90 days, that longer period shall apply.

3. The period from 15.03.2020 till 14.03.2021 shall also stand excluded in computing the periods prescribed under Sections 23 (4) and 29A of the Arbitration and Conciliation Act, 1996, Section 12A of the Commercial Courts Act, 2015 and provisos (b) and (c) of Section 138 of the Negotiable Instruments Act, 1881 and any other laws, which prescribe period(s) of limitation for instituting proceedings, outer limits (within which the court or tribunal can condone delay) and termination of proceedings.

The Office of Controller General of Patents, Designs & Trade Marks has adopted conditions prescribed by the Supreme Court and have issued a notice, which can be accessed using the link https://ipindia.gov.in/writereaddata/Portal/News/721_1_24.03.2021_Public_Notice.pdf

What is the effect of the order?

Any deadline on or after March 15, 2020 would be extended by 90 days computed from March 14, 2021. If, however, the limitation had to expire on say 18 months after March 30, 2020 then limitation would extend by 18 months from March 14, 2021;
Where, say a period of 6 months is prescribed under the law for performing an activity during the said period of March 15, 2020 to March 14, 2021 and the said period of 6 months commences and expires within the said period of March 15, 2020 to March 14, 2021, then the said period of 6 months can be performed at any time within six months from March 14, 2021;
Where, say a limitation started running prior to March 15, 2020, and was to end say 45 days after March 15, 2020 then the limitation would be extended by 45 days from March 14, 2021. For example, if an office action was issued in respect of a patent application on 01.01.2020, and a response was due on 01.07.2020 the due date would get extended to by the same number of days between 15.03.2020 to 01.07.2020 after March 14, 2021;

The said order takes the first steps towards the restoration of normalcy in the judicial set-up and the time favouring the non-vigilant miscreants under the garb of the pandemic has come to a closure. The Supreme Court nod has brought back time into essence, and this article concludes with an orison to the departed and to the hopes of a healthier disease-free world.

Dipro Dawn

Having graduated from the Law School, Dipro joined the firm as a trainee with the Trade Marks team. He was soon made a part of the team who now advises clients in various sectors, irrespective of the size of the business. He is one of the active members in the trademarks opposition team who also handles cancellation actions from time to time. Besides, he often assists the litigation team in matters concerning all kinds of IP. He takes great interest in other research-related activities.

Tuesday, March 30, 2021 | Categories: Patent, Trademark, Design, Litigation