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Judgment
I.A. No.1986 of 2023:- This Application has been filed for condonation of delay of 44 days. This Appeal has been filed against the order dated 23.12.2022 passed by the Adjudicating Authority by which in IA No. 6176 of 2022 filed by the Liquidator, leave was granted to institute suit or legal proceedings against ‘Reliance Infrastructure Limited’.
Learned Counsel for the Appellant submits that the Appellant being not aware of the order he could not file Appeal during the period of limitation. Learned Counsel for the Appellant submits that fraud was committed on Court hence, under Section 17 of the Limitation Act, limitation will not commence till fraud is detected. He further relies on Section 3 of the Limitation Act and submits that Court ought to have examined the question of limitation even if there is no defense raised.
We have considered the submissions of the Learned Counsel for the Appellant and perused the record.
The submissions which are sought to be raised by the Appellant on the ground of fraud and limitation are the issues which had to be considered in an appropriate suit or legal proceeding initiated by the liquidator. It is always open for the Appellant to raise the question of fraud and limitation in an appropriate proceeding. We, however, of the view that there is no ground to condone the delay. Our jurisdiction to condone delay is only 15 days as per Section 61(2) proviso, hence, we are unable to condone the delay in filing the Appeal which is 44 days after expiry of limitation.
Delay condonation application is dismissed. Memo of Appeal is Rejected.