86. Power of Controller to adjourn applications for compulsory licences, etc., in certain cases
(1) Where an application under section 84 or 85 is made on the ground of non-working in India (or under section 84(7)(d)), and the Controller is satisfied that the time elapsed since grant has, for any reason, been insufficient to enable adequate commercial-scale working, he may adjourn further hearing for a period not exceeding twelve months in aggregate as appears sufficient:
Provided that where the patentee establishes that non-working was due to a State/Central Act, rule, regulation or Government order (otherwise than as a working condition), the adjournment period is reckoned from the date the prevention ceased.
(2) No adjournment shall be ordered unless the Controller is satisfied that the patentee has taken adequate and prompt steps to start commercial-scale working in India.
