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I.A. No. 2354 of 2024
This is an application praying for condonation of delay of 41 days in refiling the appeal.
The ground taken in the Affidavit is that the Appeal was filed on 09.02.2024 and thereafter the defects were pointed out, Appellant took time to arrange for the same and accordingly there was delay of 41 days.
Cause shown sufficient. 41 days in refiling delay is condoned.
I.A. No. 2738 of 2024
This is an application praying for condonation of 36 days delay in filing the appeal.
The Order was passed on 05.12.2023 and this Appeal has been e-filed on 09.02.2024. The reason given by the Learned Counsel for not been able to file the appeal within time is that there was some family exigency and Advocate has to travel his native place in southern part of India and was not available.
Our jurisdiction to condone is only limited to 15 days delay as per Section 61(2) proviso. The delay of 36 days after expiry of limitation is beyond condonable period.
We thus are unable to condone the delay in filing the Appeal. Delay condonation is rejected. Memo of Appeal is also rejected.