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Judgment
I.A. No. 3453 of 2022. This is an application praying for condonation of refiling delay of 57 days. The ground taken in the application is that there was delay in returning the hard copy of the Appeal for removal of defects. Further, counsel for the Appellant and his associates were got affected with viral fever and took 15 to 20 days to get recover. Cause shown being sufficient, refiling delay of 57 days is condoned.
I.A. No. 3510 of 2022. This is an application praying for condonation of delay in filing the Appeal. The impugned order was pronounced on 07.04.2022. The Appellant applied for certified copy on 19.04.2022 which was delivered on 20.04.2022. Thirty days period for filing Appeal expired on 07.05.2022 and power to condone delay vested with this Tribunal is for 15 days only. Two days delay needs to be excluded which were taken in preparation of the certified copy.
Learned counsel for the Appellant submits that the Appellant waited for the free certified copy and then he applied for certified copy. Issues raised in this application are fully covered in the judgment of Hon’ble Supreme Court in “V. Nagarajan vs. SKS Ispat & Power Ltd. & Ors., (2022) 2 SCC 244”. The Appellant having applied for certified copy of the order is entitled for exclusion of period of two days during which the copy was under preparation, still the Appeal having been filed on 06/09.06.2022, the delay is beyond 15 days, which is not condonable under Sub-section (2) of Section 61. The application for condonation for delay is dismissed. In result, Memo of Appeal is rejected.