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Judgment
O R D E R
06.03.2024: I.A. No. 260 of 2024, this is an application praying for condonation of delay of 21 days in filing the present appeal. The order impugned was passed on 12.04.2023 and the Appeal has been e-filed on 01.06.2023.
The Learned Counsel for the Appellant submits that the Appellant received the free of cost copy on 21.04.2023 hence limitation should be counted from 21.04.2023 thus the Appeal is within condonable period.
We have considered the submissions of the Learned Counsel for the Appellant and perused the record.
The appeal has been filed by the Appellant annexing the free of cost copy which was sent by the Registry of the Tribunal. The benefit of exclusion of period under Section 12 of the Limitation Act provides for the certified copy if applied by the Applicant after the order is passed. In this appeal, the Appellant submits that they have applied for certified copy on 12.04.2023 but there is nothing on record to prove that certified copy was applied on 12.04.2023. The computation of limitation in the present case shall begin from the order date i.e. 12.04.2023. The order was passed on the I.A filed by the appellant themselves and the order was passed in presence of the Applicant.
We are of the view that in this Appeal there is a delay of 21 days as prayed in the application itself. Our jurisdiction to condone the delay is limited to 15 days only under Section 61 (2) proviso and the delay is beyond 15 days condonable period. We thus dismiss the delay condonation application. In the result, the memo of Appal is rejected