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Judgment
I.A. No. 3518 of 2022:-
This is an Application for Condonation of Delay. The order impugned was passed by the Adjudicating Authority on 18.07.2022. This Appeal has been filed by the Appellant on 05.09.2022.
Learned Counsel for the Appellant submits that he received information from the Resolution Professional on 29.07.2022 and thereafter the Appeal has been filed. Along with the Additional Affidavit, a photocopy of the certified true copy has also been brought on the record which was issued to the Appellant on 17.08.2022. The certified copy which has been filed is a “free of cost” copy and not the certified copy applied under the Rule. The time for filing the Appeal started running w.e.f. 18.07.2022 when the order was passed.
The Appeal having been filed on 05.09.2022, it has been filed beyond 45 days. The power to condone the delay conferred on this Tribunal is only of 15 days under Section 61(2) proviso.
Learned Counsel for the Appellant submits that free of cost copy was received on 27.08.2022, hence, limitation to be computed from the said date.
We are of the view that receipt of the free of cost copy on 27.08.2022 shall not give any benefit of extension of the period of limitation when the Appeal was filed after 45 days. The delay being more than 15 days, we are unable to condone the delay in filing the Appeal.
The next submission of the Learned Counsel for the Appellant is that limitation shall start from 29.07.2022 when he got information from the Resolution Professional. It shall also not be acceptable in view of the judgment of the Hon’ble Supreme Court in “V. Nagarajan v. SKS Ispat & Power Ltd. & Ors.- (2022) 2 SCC 244” that limitation shall start running from the date of pronouncement of impugned order.
The application for condonation of delay is dismissed. Consequently, the memo of appeal is rejected.