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Judgment
I.A. No. 3950 of 2023. This is an application for condonation of delay of 76 days in filing of the Appeal.
The Order impugned was passed on 13th April, 2023 by the Adjudicating Authority and the Appeal has been e-filed on 28th July, 2023. In the delay condonation application, following prayers have been made:
“a) Condone the delay of 76 days if calculated from the date of order and delay of 60 days in filing the Appeal calculated from the date of knowledge i.e. 27.04.2023 when the RP informed the Appellant through his email dated 27.04.2023 and take on record the Appeal of the Appellant.
b) Pass any such further order(s) that the Hon’ble Appellate Tribunal may deem fit.”
Learned counsel for the Appellant submits that Appellant has been writing to Resolution Professional about certain documents which were not provided hence the delay was caused.
Our jurisdiction to condone the delay is limited to only 15 days as per Section 61(2) proviso. According to own case of the Appellant, the Appeal has been filed beyond 15 days after expiry of the limitation.
Thus, we are unable to condone the delay. Delay Condonation Application (I.A. No. 3950 of 2023) is dismissed. Consequently, the Memo of Appeal is rejected.