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Judgment
There is a delay condonation application. This Appeal has been filed against the Order dated 24th May, 2023. This Appeal has been filed on 27th July, 2023.
Ground taken in the Application is that Appellant came to know of the Order on 06th July, 2023 hence the Appeal is within the time from the date of knowledge.
Hon’ble Supreme Court in V Nagarajan vs SKS Ispat And Power Limited has laid down that limitation for filing the Appeal shall begin from the date when order is passed. In the present case, the Appellant was a Financial Creditor who has filed Section 7 Application hence Appellant cannot be heard in saying that he was not aware of the Order when the Order was delivered. More so when the counsel for the Appellant was present on date when the Order is delivered.
We thus are of the view that the delay being more than 15 days after expiry of limitation can not be condoned.
Delay Condonation Application is dismissed. Consequently, Memo of Appeal is rejected.