Bombay High Court
Vishal Prafulsingh Solanke vs Controller Of Patent And Designs on 18 August, 2025
5-COMAPL-13430-2025.doc
Pdp
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
COMMERCIAL APPEAL (L) NO. 13430 OF 2025
IN
COMMERCIAL MISC. PETITION NO. 110 OF 2025
Vishal Prafulsingh Solanke & Anr. .. Appellants
Versus
Controller of Patent and Designs & Ors. .. Respondents
Mr. Pranshul B. Dube with Ms. Asma Nadaf for appellants.
Mr. Ashutosh Mishra with Ms. Jeel Shah i/by Ashish Mehta for
respondent nos.1 and 2.
CORAM: ALOK ARADHE, CJ. &
SANDEEP V. MARNE, J.
DATE: 18th AUGUST, 2025
PRAVIN DASHARATH
DASHARATH PANDIT P.C.:
PANDIT Date:
2025.08.18
16:24:41 +0530
1. This appeal under Section 13 (1-A) of the Commercial
Courts Act, 2015 (hereinafter referred to as "the Act of 2015")
has been filed against an order dated 27th March, 2025 passed
in Misc. Appeal under Section 117-A of the Patents Act, 1970
(hereinafter referred to as "the Act of 1970").
2. For the facility of reference Section 117-A of the Act of
1970 and Section 13 of the Act of 2015 are extracted below:
"117-A. Appeals to High Court. - (1) Save as
otherwise expressly provided in sub-section (2), no
appeal shall lie from any decision, order or direction
made or issued under this Act by the Central
Government, or from any act or order of the Controller
for the purpose of giving effect to any such decision,
order or direction.
5-COMAPL-13430-2025.doc
(2) An appeal shall lie to the High Court from any
decision, order or direction of the Controller of Central
Government under section 15, section 16, section 17,
section 18, section 19, section 20, sub-section (4) of
section 25, section 28, section 51, section 54, section
57, section 60, section 61, section 63, section 66, sub-
section (3) of section 69, section 78, sub-sections (1)
to (5) of section 84, section 85, section 88, section 91,
section 92 and section 94.
(3) Every appeal under this section shall be in the
prescribed form and shall be verified in such manner as
may be prescribed and shall be accompanied by a copy
of the decision, order or direction appealed against and
by such fees as may be prescribed.
(4) Every appeal shall be made within three months
from the date of the decision, order or direction, as the
case may be, of the Controller or the Central
Government or within such further time as the High
Court may, in accordance with the rules made by it
allow."
"13. Appeals from decrees of Commercial Courts
and Commercial Divisions. - (1) Any person
aggrieved by the judgment or order of a Commercial
Court below the level of a District Judge may appeal to
the Commercial Appellate Court within a period of sixty
days from the date of judgment or order.
(1-A) Any person aggrieved by the judgment or
order of a Commercial Court at the level of District
Judge exercising original civil jurisdiction or, as the
case may be, Commercial Division of a High Court may
appeal to the Commercial Appellate Division of that
High Court within a period of sixty days from the date
of the judgment or order:
Provided that an appeal shall lie from such orders
passed by a Commercial Division or Commercial Court
that are specifically enumerated under Order XLIII of
the Code of Civil Procedure, 1908 (5 of 1908) as
amended by this Act and section 37 of the Arbitration
and Conciliation Act, 1996 (26 of 1996).
(2) Notwithstanding anything contained in any
other law for the time being in force or Letters Patent
5-COMAPL-13430-2025.doc
of a High Court, no appeal shall lie from any order or
decree of a Commercial Division or Commercial Court
otherwise than in accordance with the provisions of this
Act."
3. Thus, it is evident that Section 117-A of the Act of 1970
provides for an appeal to the High Court. From close scrutiny
of Section 13 of the Act of 2015, prima facie, it appears that
the same does not provide for an appeal against an order
passed under Section 117-A of the Act of 1970 before this
Court in exercise of the appellate jurisdiction.
4. At this stage, learned counsel for the appellants prays
for adjournment to enable him to examine the aforesaid
aspect and to address the Court.
5. List next week.
(SANDEEP V. MARNE, J.) (CHIEF JUSTICE)
