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I.A. No.215 of 2023: This is an application praying for condonation of 31 days delay in filing the Appeal. The ground taken in the application is that the order which was passed by the Adjudicating Authority on 28.10.2022 was communicated by the Resolution Professional on 05.11.2022 and thereafter the Appeal has been e-filed in this Tribunal 19.12.2022. Learned counsel for the Appellant submits that from the date of intimation the Appeal is within 45 days.
Hon’ble Supreme Court in “V. Nagarajan vs. SKS Ispat & Power Ltd. & Ors., (2022) 2 SCC 244”, has laid down that the limitation cannot be calculated from the date when copy of order is received by the Appellant. The limitation will start running form the dated when the order is pronounced. We, thus, are of the view that on the above ground the Appellant is not entitled to claim any condonation of delay which is beyond 15 days. Delay being more than 15 days and our jurisdiction to condone delay being limited to 15 days only under Sub-section (2) of Section 61, we are unable to condone delay. We, thus, dismiss the Delay Condonation Application. In result, Memo of Appeal is also rejected.