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Judgment
I.A. No. 3812 of 2022:
This is an application filed for condonation of delay. The order by the Adjudicating Authority was passed on 27.05.2022. Present Appeal has been filed on 04.08.2022. Learned counsel for the Appellant submits that the Counsel for the Appellant was not aware of the pronouncement of the order and he came to know about the order only on 17.07.2022 and thereafter he informed the Appellant. This fact has been brought in detail in para 2 of the Additional Affidavit.
We are of the view that the limitation for filing Appeal starts running from the date of pronouncement of the order and on the ground taken in para 2 of the Additional Affidavit we are unable to condone the delay. The jurisdiction vested with this Tribunal to condone delay is only of 15 days under Section 61(2) proviso. There being delay of more than 15 days in filing the Appeal, delay cannot be condoned.
Learned counsel for the Appellant further submits that certified copy of the order was applied on 22.07.2022, hence, limitation should start from the date of applying of certified copy of the order.
The order having been passed on 27.05.2022, applying for certified copy after expiry of limitation period shall not give any benefit to the Appellant, therefore this argument do not help the Appellant.
There being delay of more than 15 days in filing the Appeal, Application for Condonation of Delay is dismissed. In result, Memo of Appeal is also rejected.