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Judgment
10.03.2025: I.A. No.320 of 2025: This application has been filed praying for condonation of 25 days’ delay in filing the appeal. The order impugned was delivered on 07.08.2024 and this appeal has been e-filed on 30.09.2024.
Learned counsel for the Appellant submits that Appellant has applied for certified copy on 28.08.2024 and delivery of certified copy was taken on 06.09.2024, hence, from 28.08.2024 till 06.09.2024 exclusion be granted.
The impugned order contains the endorsement pertaining to the Certified copy which indicate that the copy was applied on 28.08.2024 and date of preparation of copy was 30.08.2024 and date of delivery was 06.09.2024. Applicant is entitled to get benefit of exclusion of period during which the certified copy remained under preparation i.e. from 28.08.2024 till 30.08.2024, which come to three days. The impugned order was delivered on 07.08.2024 and 30 days’ period expired on 06.09.2024 and after giving benefit of exclusion of 3 days, 15 days’ period for which delay can be condoned will expire on 27.09.2024. Appeal having been filed on 30.09.2024 the appeal has been filed beyond condonable period. The submission of learned counsel for the Appellant that benefit of exclusion be granted of period from date certified copy was applied till date copy was delivered to the Appellant, cannot be accepted. We, thus, are of the view that the appeal was filed beyond condonable period. Hence, Delay Condonation Application is dismissed. In result, Memo of Appeal is rejected.