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Judgment
O R D E R
17.04.2023: I.A. No. 636 of 2023 has been filed praying for condonation of delay in filing the Appeal.
The Order impugned was passed on 2nd June, 2022 and the Appeal has been e-filed on 19th July, 2022.
An Additional Affidavit has been filed by the Appellant where grounds have been given for condonation of delay. It is submitted that certified copy was applied on 08th July, 2022 which was received by the Advocate on 12th July, 2022. It is submitted that the period undertaken obtaining the certified copy need to be excluded. The order was passed on 2nd June, 2022 hence 30 days period expired on 02nd July, 2022 and further 15 days period also came to an end by 17th July, 2022. Our jurisdiction to condone the delay is limited to 15 days only in sub section (2) of Section 61 proviso. The delay in filing the Appeal which was filed on 19th July, 2022 is beyond 15 days. The Appeal having been filed beyond 15 days after expiry of the limitation, delay condonation application can not be allowed.
Learned Counsel for the Appellant submitted that time taken in obtaining certified copy need to be excluded. The application according to own case of the Appellant for obtaining certified copy was filed on 08th July, 2022 that is after 30 days from passing of the impugned order which is not admissible, hence the time taken during obtaining certified copy can not be excluded which is already held by this Tribunal in “Gaurav Agarwal Vs. CA Devang P Sampat” (2022) SCC OnLine NCLAT 393, where following was laid down in paragraph 12:
“12.In the present case, as noted above, certified copy is claimed to be applied by the Appellant on 15.06.2022 i.e. after expiry of limitation. We, thus, are of the view that present appeal has been filed beyond 45 days from date of the order dated 06.05.2022 and delay of more than 15 days beyond the period of 30 days cannot be condoned by this Tribunal in exercise of its jurisdiction under Section 61(2) of the I&B Code.”
We thus are of the view the Appellant is not entitled to exclude the period consumed during obtaining certified copy. In result, Delay Condonation Application is dismissed. Consequently, the Memo of Appeal is rejected.