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Judgment
O R D E R
09.04.2024 : In these two Appeals, the applications have been filed for condonation of delay in filing the Appeal. Order impugned was passed on 08.12.2023 and the Appeal was e-filed on 01.02.2024.
Learned Counsel for the Appellant in the application for delay condonation stated that the order could be uploaded only on 19.12.2023 hence, the Appeal is filed if computation is made from 19.12.2023, the Appeal is within condonable period of 15 days.
Learned Counsel for the Respondent has filed the Reply and opposed the ground taken by the Appellant. It is submitted that order was pronounced on 08.12.2023 and order was uploaded on 11.12.2023 and the RP on 12.12.2023 has sent an email to all the Members of the CoC including the Appellant.
The order indicates that it was delivered on 08.12.2023, cause list has also been annexed which indicates that it was listed for pronouncement of the order. The order was pronounced on 08.12.2023. We are of the view that limitation for filing Appeal shall commence from the date of pronouncement. It is not shown that the Appellant has filed any application for certified copy of the order within time and according to the Respondent, order was also communicated by the RP on 12.12.2023 to all the Members of the CoC and RP has also filed the Affidavit to that effect.
Counsel for the Appellant also submits that although the email was sent by RP, it was inadvertently not looked into.
We are of the view that the delay is beyond 15 days in filing the Appeal and our jurisdiction is only to condone 15 days delay. We cannot condone the delay as prayed in the application.
Delay condonation applicaiton is rejected. Memo of Appeal is also rejected.