AI Structured Summary
Not yet generated for this judgment
Judgment
O R D E R
27.04.2023: These are delay condonation applications filed in Company Appeals praying for condonation of 303 days’ delay in Appeal No. 322 of 2023, 303 days’ delay in Appeal No. 323 of 2023, 333 days’ delay in Appeal No. 324 of 2023, 303 days’ delay in Appeal No. 342 of 2023 and 303 days’ delay in Appeal No. 359 of 2023. Learned Counsel for the Appellants states that the delay in Appeal No. 322 of 2023 is 202 days.
These appeals are against the common order dated 16.12.2021. Appeals in these appeals were e-filed on 15.09.2022 and the physical copies were filed on 14.11.2022. The reason for the delay, as stated in the Affidavit, is that the Applicants were not served with the copy of the order and they came to know subsequently and contacted the local Advocate, who informed that they should challenge the order before the High Court of Gujarat and thereafter, they again consulted and they were informed that the appeals have to be filed.
In any view of the matter, the delay in filing the appeals is beyond 15 days. Our jurisdiction to condone delay is only 15 days as per Section 61(2) IBC proviso. As the delay in filing the appeals is beyond 15 days, we are unable to condone the delay. Delay condonation applications, in these appeals, where the delay is more than 15 days, is dismissed.
Consequently, the Memos of Appeal are rejected.