Fact of the Case
The appellant, Pawan Kumar Goel, filed a suit alleging that the respondents, Dr. Dhan Singh and another, were infringing his Indian Patent (IN 369150) related to the process for extracting "Alpha Yohimbine" from Rauwolfia Tetraphylla/Rauwolfia Canescens with a purity greater than 90%. He sought an injunction to restrain the respondents from using, making, selling, exporting, distributing, advertising, or manufacturing the said product.
Procedural Background in Brief
The appellant filed an application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908, seeking an interim injunction. The learned Single Judge, via order dated March 14, 2024, rejected the injunction application. The appellant filed an appeal before the Division Bench of the Delhi High Court but with a delay of 85 days beyond the statutory limit. The appellant sought condonation of delay, citing reasons such as frequent business travel, difficulty in obtaining documentary evidence, and delay in seeking legal advice.
Reasoning of the Court
The Court held that none of the grounds provided by the appellant constituted "sufficient cause" for condoning the delay. The fact that the appellant traveled frequently and was a sole proprietor could not justify the delay. The need to obtain documentary evidence should have been anticipated before filing the suit. The mere assertion that the appellant took time to seek legal advice was unpersuasive and lacked supporting material. The Court relied on the Supreme Court judgment in Government of Maharashtra (Water Resources Department) v. Borse Brothers Engineers & Contractors (P) Ltd. (2021) 6 SCC 460, which emphasized that the expression “sufficient cause” cannot be used as a broad excuse for condoning delays in commercial litigation. The Court also noted that the Commercial Courts Act, 2015, aims to ensure the speedy resolution of disputes and does not favor a lenient approach to delays in filing appeals.
Decision
The Court dismissed the application for condonation of delay. Consequently, the appeal was also dismissed along with the pending applications.
Case Details
Case Title: Pawan Kumar Goel Vs. Dr. Dhan Singh & Anr.
Date of Order: September 23, 2024
Case Number: FAO(OS) (COMM) 176/2024
Name of Court: Delhi High Court
Hon’ble Judges: Justice Vibhu Bakhru & Justice Sachin Datta
