Ccs Ventures Limited v. Assistant Controller Of Patents And Designs
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22-04-2026
CORAM
THE HON'BLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY CMP No. 24490 of 2025 in CMA(PT)SR.No.152839 of 2025 CCS Ventures Limited, Represented by its Authorised Signatory, 881, Helmeken Street, Vancouver, B.C, V6Z 1B1, Canada.
..Petitioner/Appellant Vs
1. Assistant Controller of Patents and Designs, The Patent Office, Intellectual Property Building, G.S.T Road, Guindy, Chennai 600032, India.
2. Indian Pharmaceutical Alliance 115/11, Ground Floor, World Trade Centre, Babar Road, Connaught Place, New Delhi 11000.
..Respondents Prayer : Petition is filed to condone the delay of 540 days in filing the present appeal against the impugned order dated 29.12.2023 passed by the 1st respondent.
For Petitioner:
Mr. Adarsh Ramanujan for Mr.P.Subburaj For R1:
Ms. M.P.Jaisha, CGSC
ORDER
The intending appellant has applied for condonation of the delay of 540 days in filing the appeal.
2. Upon service of notice, Ms.M.P.Jaisha, learned Central Government Standing Counsel, appears on behalf of the first respondent. At the hearing on 01.04.2026, after taking note of affidavit of service dated 01.04.2026, it was recorded that notice had been served on the second respondent, including by service of a copy of the appeal paper book on the Associate Secretary General of the second respondent by e-mail. Therefore, the Registry was directed to print the name of the second respondent in the cause list, and the same has been done. There is no representation for the second respondent today.
3. In the affidavit in support of the application to condone the delay, the intending appellant states that the matter was heard on 03.05.2023. Thereafter, the intending appellant appointed M/s.Khurana and Khurana as patent agent and the relevant Form 13 was filed on 23.06.2023. In spite of recording the name of the agent in the records of the patent office, it is stated that the impugned order was not communicated to the agent. Eventually, it is stated that the issuance of the order was discovered in June 2025. After notarisation and apostillation, it is stated that the appeal was lodged in September 2025.
4. Considering the above reasons, I am satisfied that sufficient cause is shown. Therefore, this application is allowed. As a consequence, the Registry is directed to number the appeal, if otherwise in order. 22-04-2026 KJ To Assistant Controller of Patents and Designs, The Patent Office, Intellectual Property Building, G.S.T Road, Guindy, Chennai 600032, India.
SENTHILKUMAR RAMAMOORTHY, J.
KJ CMP No. 24490 of 2025 in CMA(PT)SR.No.152839 of 2025 22.04.2026