Siddhast Intellectual Property Innovations Pvt. Ltd. v. Controller General Of Patents Designs And Trademark Cgpdtm And ANR
$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 416/2023 SIDDHAST INTELLECTUAL PROPERTY INNOVATIONS PVT. LTD.
..... Petitioner Through:
Mr. Abhishek Chandra Mishra and Ms. Sarita Mehta, Advocates.
versus CONTROLLER GENERAL OF PATENTS DESIGNS AND TRADEMARK CGPDTM AND ANR ..... Respondents Through:
Ms. Nidhi Raman, CGSC with Mr.
Zubin Singh, Advocate for R-1.
CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
O R D E R
% 26.02.2024 Though process fee for issuance of notice was not filed, Ms. Nidhi Raman, learned CGSC has entered appearance on behalf of respondent No.1; and fairly submits that they do not oppose the extension of the mandate of the learned Sole Arbitrator as prayed-for by way of the present petition.
2.
Mr. Abhishek Chandra Mishra, learned counsel appearing for the petitioner points-out that respondent No.2 has already given his consent vide communication dated 08.07.2023, a copy of which has been appended to the petition.
3.
The record shows that the learned Sole Arbitrator was appointed vide order dated 11.01.2021 made by this court; and he has been seized of O.M.P.(MISC.)(COMM.) 416/2023 Page 1 of 2 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/03/2024 at 11:20:57
the arbitral proceedings ever-since. The matter is now stated to be at the stage of recording claimant's evidence.
4.
The last extension of the mandate of the learned Sole Arbitrator ended on 01.03.2023.
5.
Mr Mishra submits that the proceedings have been prolonged by reason of the then prevailing pandemic, which period is in any case liable to be excluded in view of order dated 10.01.2022 passed by the Supreme Court in In Re: Cognizance for Extension of Limitation1. 6.
In view of the above, the petition is allowed, thereby extending the mandate of the learned sole Arbitrator by 06 months commencing today; further observing that any proceedings undertaken after expiration of the previous mandate shall also stand validated and regularised.
7.
The petition stands disposed-of in the above terms. 8.
Pending applications, if any, also disposed-of. ANUP JAIRAM BHAMBHANI, J FEBRUARY 26, 2024 V.Rawat 1 (2022) 3 SCC 117 O.M.P.(MISC.)(COMM.) 416/2023 Page 2 of 2 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/03/2024 at 11:20:57