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Judgment
I.A. No. 5913 of 2023:- This is an application praying for condonation of re-filing delay of 42 days. Learned Counsel for the appellant submitted that the defects have been communicated by the Registry on 20.10.2023 and he submits that as per Registry’s defect the appellant has again filed the same copy of the appeal with regard to 2nd impugned order. It is submitted that due to which delay was caused. Cause shown sufficient. Delay in re-filing is condoned.
I.A. No. 5979 & 5980 of 2023:- These are the two applications praying for condonation of delay in filing the appeal against the order dated 21.03.2023 and 18.04.2023. Appeal has been e-filed on 14.10.2023.
The limitation for filing the appeal is 30 days, condonable period is only 15 days. Appeal having been filed beyond 45 days, we are unable to condone the delay as prayed for in the application. Our jurisdiction to condone the delay is limited to only 15 days as per Section 61(2) proviso.
We, thus, are of the view that delay condonation application deserves to be dismissed and is hereby dismissed and memo of appeal is rejected.