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Judgment
19.03.2025: I.A. No. 6828 of 2024: This is an application praying for condonation of 23 days’ delay in filing the appeal. The order impugned was passed on 23.04.2024 and this appeal has been e-filed on 15.06.2024.
Learned counsel for the Appellant submits that the order was subsequently modified on 03.05.2024, hence, limitation for filing the appeal shall commence only from 03.05.2024 and there is delay of only 12 days’ in filing the appeal which is within the condonable period.
Learned counsel for the Respondent opposed the submission of learned counsel for the Appellant and has also filed reply contending that limitation shall commence on the date when order was pronounced i.e. 23.04.2024 and limitation shall not be arrested till 03.05.2024, as contended by learned counsel for the Appellant.
We have heard learned counsel for the parties and perused the record. Order dated 03.05.2025, on which reliance has been placed by learned counsel for the Appellant is order correcting appearance of the counsel. The said order in no manner modifies earlier order dated 23.04.2024 and therefore, when the order was pronounced i.e. 23.04.2024, the limitation shall commence from the following day. Hence, this appeal has been filed with 23 days after expiry of the limitation. We are of the view that submission of the Appellant that limitation shall commence from 03.05.2024 cannot be accepted.
Our jurisdiction to condone delay is limited to 15 days as per Section 61(2) proviso. The delay being beyond condonable period, cannot be condoned. Hence, Delay Condonation Application is rejected. In result, Memo of Appeal is also rejected.