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Judgment
I.A. No. 1040 of 2024. This is an application praying for 635 days delay in filing the Appeal. The Order impugned was passed on 17.01.2022.
Learned Counsel for the Appellant submits that after the Order of the Adjudicating Authority, Appellant filed a contempt appeal (C) No. 15 of 2022 on 10th June, 2022 which appeal was dismissed as withdrawn on 20th September, 2023.
Learned Counsel for the Appellant submits that due to aforesaid bona fide proceeding, the delay was caused in the appeal.
Our jurisdiction to condone the delay is limited to 15 days only on sufficient cause as per Section 61(2) proviso, hence the prayer for condonation of delay which is beyond 15 days after expiry of the limitation cannot be granted.
Even if we exclude the period during which proceeding were pending before the High Court, the delay in filing the Appeal is beyond our condonable period i.e. beyond 15 days. We thus dismiss the Delay Condonation Application and reject the Memo of Appeal.