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18.03.2025: I.A. No. 288/2025 1. This is an application praying for condonation of 55 days delay in filing of the appeal.
The order impugned was passed on 11.09.2024 and this appeal has been e-filed on 07.11.2024.
Learned counsel for the appellant submits that appellant after order dated 07.11.2024 rejecting the IAs for non-prosecution has filed an application for recall of the said order which was dismissed on 16.10.2024 hence the said period be excluded in computing the limitation giving the benefit of Section 14 of the Limitation Act, 1963. When the order was delivered on 11.09.2024 dismissing the application for non-prosecution, limitation commenced, another application which was subsequently filed to recall was on different ground and rejection of the said application subsequently cannot enure to any benefit to the appellant while giving exclusion of the period for filing the appeal against the order dated 07.11.2024.
Our jurisdiction to condone the delay is only limited to 15 days as per Section 61(2) proviso. The appeal having been filed beyond condonable period, the delay condonation application is dismissed. Consequently, memo of appeal is also dismissed.