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Judgment
17.03.2025: I.A. No. 8531 of 2024 and 8574 of 2024: This is an application praying for condonation of delay in filing the appeal. The order impugned was passed on 13.02.2024 and this appeal has been e-filed on 18.05.2024. Prayer has been made in the application for condonation of 66 days’ delay in filing the Appeal. On 05.03.2025 following order was passed:
“O R D E R
(Hybrid Mode)
05.03.2025 Learned Counsel for the Appellant was allowed two weeks time to file Additional Affidavit insupport of delay condonation application on 06.02.2025. When the Appeal is called today, Learned Counsel for the Appellant seeks further time to file Additional Affidavit, one week time is allowed as a last opportunity. List the delay condonation application on 17.03.2025.”
When the appeal was taken today, learned counsel for the Appellant again made prayer that Appellant may be given opportunity to obtain instructions from the Liquidator regarding withdrawal of appeal. In the above facts, we are of the view that appeal having been filed beyond condonable period and our jurisdiction to condone delay being limited to only 15 days as per Section 61(2) proviso, the delay of 66 days in filing the appeal cannot be condoned. Hence, Applications for condonation of delay are rejected. In result, Memo of Appeals are also rejected
