K.N.BASHA,CHAIRMAN - (1.) THE appellant / petitioner has preferred this petition for condonation of delay in preferring the appeal challenging the impugned order of R -4 dated 02/12/2010.
(2.) THE learned counsel for the appellant / petitioner Mr. Shukadev Khuraijam would contend that the impugned order was passed by the learned Controller of Patents on 02/12/2010 and the appeal challenging the said order ought to have been preferred within the stipulated time i.e. on or before 02/03/2011. It is contended that as the appellant / petitioner is a foreign based company at Germany and it took long time for the appellant / petitioner to contact their counsel and thereafter to collect materials and evidences as the issue involved is of a very complex nature. It is further submitted that the appellant / petitioner as stated in his affidavit that they have to adduce further evidence by way of filing an affidavit through an expert and discussion and finalisation of the averments stated in the affidavit also consumed much time and as a result there is a delay of two months in preferring the appeal.
(3.) THE learned counsel for the appellant / petitioner would contend that the appellant / petitioner has assigned valid reasons and has shown sufficient cause in the affidavit preferred in this matter stating the above said facts. Therefore, it is submitted that the delay is not wanton but only due to the above said circumstances. The learned counsel would further contend that it is well settled by the decisions of the Apex Courts that "sufficient cause" to be shown should be given liberal construction so as to advance substantial justice. It is pointed out by the learned counsel that admittedly, the appellant / petitioner is having a right of appeal and such right cannot be deprived of on technical grounds. It is enough for the appellant / petitioner to assign valid reasons to establish sufficient cause. The learned counsel in support of his contentions would place reliance on the following decisions: - (1) AIR 1998 (SC) 3222 - N. Balakrishnan Vs. M. Krishnamurthy (2) 1987 SCR (2) 387 - Collector Land Acquisition, Anantnag and Anr. Vs. Mst. Katiji and Ors. ;