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I.A. No. 5776 of 2023: This is an application praying for condonation of delay. Order was passed on 18.05.2023 and this appeal has been filed on 06.07.2023 i.e. there is delay of 19 days after expiry of limitation.
Learned counsel for the Appellant submits that the delay in filing the Appeal is only 11 days since the order was uploaded on 26.05.2023, hence, the limitation shall commence from uploading of the order.
The submission of learned counsel for the Appellant cannot be accepted. It is well settled by the Hon’ble Supreme Court in “V. Nagarajan vs. SKS Ispat and Power Limited & Ors., (2022) 2 SCC 244” that limitation shall commence from the date order is pronounced. We, thus are of the view that delay in filing the Appeal is more than 15 days after expiry of limitation and it is beyond our jurisdiction to condone delay since jurisdiction of this Tribunal is limited to only 15 days under Section 61(2) proviso. We, thus, are unable to condone the delay. Delay Condonation Application is dismissed. In result, Memo of Appeal is rejected.