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Judgment
O R D E R
05.10.2023: I.A. No. 3927 of 2023: This is an application praying for condonation of delay in filing the Appeal. The order of the Adjudicating Authority was passed on 24.05.2023 against which appeal has been e-filed on 11.08.2023.
Learned counsel for the Appellant submits that the Appellant came to know about the order when he received information from the Resolution Professional, hence, the limitation shall start from the date when he received information from the Resolution Professional.
We are of the view that the said submission cannot be accepted. It is well settled by judgment of the Hon’ble Supreme Court in “V. Nagarajan vs. SKS Ispat and Power Limited & Ors., (2022) 2 SCC 244” limitation for filing the appeal begin from the date order is delivered.
The Appellant was Operational Creditor and was party to the proceeding. We, thus, are of the view that limitation for filing the appeal shall not begin from the date when Appellant received information of the order rather the limitation for filing appeal shall start from the date when order is passed.
The delay in filing the Appeal is more than 15 days after expiry of the limitation. Our jurisdiction to condone delay is limited to only 15 days under Section 61(2) proviso. We, thus, are unable to condone the delay as prayed in the application. Delay Condonation Application is dismissed. In result, Memo of Appeal is rejected.