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Judgment
I.A. No. 352 of 2024:- This is an application praying for condonation of delay in filing the appeal. The order was pronounced on 11.08.2023 and the appeal has been e-filed on 22.10.2023. Appellant has applied for certified copy on 04.09.2023 which was received by the appellant on 19.09.2023. There being delay of more than 15 days after expiry of the limitation, we are unable to condoned the delay.
Learned Counsel for the appellant submits that the copy was uploaded only on 22.08.2023, hence, the limitation should begin from 22.08.2023. The order indicates that the order has been delivered on 11.08.2023. It has been held by Supreme Court in “V. Nagarajan vs. SKS Ispat and Power Limited & Ors., (2022) 2 SCC 244” that the limitation shall start from the date when the order is pronounced and not from the uploading of the order.
We, thus, are of the view that delay which is beyond 15 days after expiry of limitation cannot be condoned. Our jurisdiction to condone the delay is limited to only 15 days as per Section 61(2) proviso, hence, the delay beyond 15 days after expiry of limitation cannot be condoned. Delay condonation application is dismissed and memo of appeal is rejected.