Under Section 21(2) of the Patents Act, 1970, where an appeal to the High Court is pending in respect…

Under section 21(2), where such an appeal is pending, the time for compliance shall, "on an application made by the applicant before the expiration of the said period, be extended until such date as the High Court may determine". The extension is not automatic and is fixed by the High Court, not by the Controller or the Central Government.