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Judgment
08.01.2025: I.A. No. 7688 of 2024, 7694 of 2024, 7836 of 2024 and 7840 of 2024: These applications have been filed praying for condonation of delay of 49 days in filing the appeal. The order impugned was pronounced on 25.07.2024 and the present appeals have been e-filed on 12.10.2024.
Learned counsel for the Appellant(s) submits that certified copy was applied on 23.08.2024, which was received only on 28.08.2024 and when the time is calculated from 28.08.2024, there is no delay in filing the appeal.
Learned counsel for the Respondent opposes the submission of learned counsel for the Appellant and submits that even if benefit of 6 days’ period is given during which certified copy was under preparation, delay in filing the appeal is more than 45 days which is beyond condonable period.
We have considered the submissions of learned counsel for the parties and perused the record.
The order impugned was pronounced on 25.07.2024. The limitation for filing the appeal shall commence from the date of pronouncement and after giving benefit of period from 23.08.2024 to 28.08.2024 during which the certified copy was under preparation, the appeal which was filed on 12.10.2024 was filed beyond 45 days, which was beyond condonable period. The explanation which has been given by learned counsel for the Appellant that the Appellant was waiting for the free certified copy and since it was not received he applied for certified copy on 23.08.2024 does not give any sufficient cause for condonation of delay which is beyond condonable period.
Our jurisdiction to condone delay is limited to only 15 days as per Section 61(2) proviso. The delay in filing the appeals being beyond 45 days i.e. beyond the condonable period, we are unable to condone the delay. Hence, the delay condonation application is rejected. In result, Memo of Appeals are also rejected.