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Judgment
This is an application for condonation of delay in filing the Appeal.
This Appeal has been filed against the Order dated 01st September, 2022 passed by National Company Law Tribunal, Ahmedabad Bench. This Appeal has been e-filed on 18.11.2022.
Learned Counsel for the Appellant in support of Delay Condonation Application contends that Application for certified copy of the Order was made on 18.10.2022 and Copy was received on 09.11.2022 hence the Appellant is entitled for the benefit of period from 18.10.2022 to 09.11.2022.
The Order has been passed on 01.09.2022 and when Certified Copy is applied within the period of limitation i.e. 30 days, the Applicant is entitled for exclusion of the period which is consumed in preparation of the certified copy of the Order and when an Application is filed for certified copy beyond 30 days, the Applicant is not entitled for exclusion of period in obtaining the certified copy of the Order.
In any view, when certified copy was applied on 18.10.2022, 45 days was already over. The jurisdiction of this Tribunal to condone the delay is limited to 15 days only hence we are unable to condone the delay in filing the Appeal.
Delay Condonation Application is dismissed, the Memo of Appeal is rejected.