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Judgment
This Appeal has been filed against the Order dated 28.09.2022 by which Order the Application I.A. No. 18 of 2021 filed by the Appellant has been rejected.
This Appeal has been e-filed in this Tribunal on 16.11.2022 and physically filed on 17.11.2022.
Learned Counsel for the Appellant submits that the Appellant received the free of cost copy of impugned order vide letter dated 06.10.2022 hence the Appeal is not barred by time. Learned Counsel for the Appellant submits that he was entitled to file the Appeal within 45 days from the date of receipt of the Order. It is submitted that by the Impugned Order several IAs were disposed of.
The Order having been passed on 28.09.2022, the period of limitation shall commence. Present is not a case where Appellant had filed any application for certified copy of the Impugned Order where he will get benefit of Section 6 of the Limitation Act, 1963. From the Order dated 28.09.2022, 30 days period came to an end on 28.10.2022. Delay in filing the Appeal is beyond 15 days, we are unable to condone the delay. Our jurisdiction to condone the delay is limited to only 15 days under Section 61(2) Proviso of I&B Code, 2016.
Delay Condonation Application (I.A. NO. 404 of 2023) is dismissed. Consequently, the Memo of Appeal is rejected.