JUDGEMENT

Firdosh P. Pooniwalla, J. - The present Petition is an Appeal under the provisions of Section 117A of the Patents Act, 1917 ('The Patents Act') impugning the Order dated 16th September 2021 passed by the Respondent. The relevant parts of the said Order read as under:

'7. I consider that the application shall be considered deemed to have been abandoned for the following reasons :

'I. The applicant has failed to comply with all of the objections in the FER. No attempt to reply to the objections on one to one basis was made.

II. The applicant may have opted for an extension in the timeline to comply with the objections under rule 24-B(6) of the Rules. The unconcerned written submission in reply to the FER is an attempt to circumvent the provision under rule 24-B(5).

III. The controller has no power to extend the timeline under rule 24-B(5), under rule 138 of the Patents Rules.

IV. I have not observed any extraordinary circumstances: national emergency, pandemic, war- like situation etc.

V. If at all, the prosecution of the instant application is allowed, it is going to circumvent the provisions under section 21(1) of the Patents Act, 1970 read with Rule 24-B(5), (6). The same will