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Judgment
I.A. No. 4068/2022:
Learned counsel for the Appellant submit that there is no delay in the Appeal since the Appeal is within time from the date he received the copy of the order. It is submitted the copy of the order was sent on 22.08.2022 which was received on 27.08.2022 and Appeal has been filed on 21.09.2022.
In view of the judgment of Hon’ble Supreme Court in “V. Nagarajan vs. SKS Ispat & Power Ltd. & Ors., (2022) 2 SCC 244”, the period shall start from the date of passing of the order. Date of passing of the order in the present case is 20.07.2022. The copy of the order which has been annexed with the Appeal is free of cost copy which was issued on 22.08.2022. The Appellant is not entitled to get any benefit of extending limitation on the basis of free of cost copy issued on 22.08.2022. Delay being more than 15 days and our jurisdiction to condone delay being limited to 15 days only, we are unable to condone delay being beyond 15 days. We, thus, dismiss the Delay Condonation Application. In result, Memo of Appeal is also rejected.
Learned counsel for the Respondent is also present.