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Judgment
I.A. No. 313 of 2024: This is an application praying for condonation of delay in filing the appeal. The appeal has been filed against order dated 11.10.2023 by which order Section 9 application filed by the Appellant has been rejected by the Adjudicating Authority. The Appeal has been e-filed on 05.12.2023. There is more than 15 days’ delay beyond expiry of limitation period.
Learned counsel for the Appellant referred to the reasons given in the application for condonation of delay. In Para 3(a) following reasons have been given:
“3. BASIS ON WHICH CONDONATION PRAYED FOR:
a) That the Authorised Representative had gone to his native place, therefore could not meet his counsel and handover the requisite documents so that the present appeal could be prepared and filed in time. As such there is a delay of 1 day in filing the present appeal.”
We are of the view that our jurisdiction to condone delay is limited to 15 days only.
Learned counsel for the Appellant sought to contend that order was uploaded on 03.11.2023.
The order was passed in the presence of learned counsel for the Appellant, hence, it cannot be said that limitation shall not begin from the date when order was passed. Appellant applied for certified copy of the impugned order on 28.11.2023 i.e. after 30 days of passing of the order.
We do not find any good ground to condone the delay in filing the appeal. Delay Condonation Application is dismissed. In result, Memo of Appeal is rejected.