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Judgment
28.10.2025: Heard learned counsel for the Appellant and learned counsel for the Respondent. I.A. No.4631 of 2025 has been filed for condonation of delay of 19 days’ in filing the appeal. Order impugned was passed on 02.06.2025 and this appeal has been e-filed on 21.07.2025.
Learned counsel for the Appellant submits that there was heavy rain in Mumbai due to which the delay was caused. He further submits that order was passed on 02.06.2025 but it was uploaded on 09.06.2025, hence, from the date of uploading of the order the appeal is filed within the condonable period.
Learned counsel for the Respondent submits that in the application for condonation of delay which was filed by the Appellant, no such ground has been taken nor there is any basis in the application to compute limitation from the date of uploading of the order.
When we look into the application for condonation of delay, the only reason given are in Paragraphs 3, 4 and 5, which are as follows:
“3. The unintentional and inadvertent delay has been caused m filing of the present appeal as the Appellant was in the process of obtaining legal advice. Any delay therefore caused is inadvertent and unintentional and due to circumstances beyond the control of the Appellant and deserves to be condoned with the gracious indulgence of this Hon'ble Tribunal under Section 61 of the IBC.
The facts and circumstances giving rise to the present Appeal have been set out in detail in the accompanying Appeal and are not being repeated herein for the sake of brevity and to avoid repetition. The Applicant/Appellant craves the leave of the Hon'ble Tribunal to refer and rely upon the same at the time of hearing.
It is submitted that there was a delay of 19 days in filing the present Appeal as the dispatch of papers of the Appeal from Mumbai to Delhi were delayed on account of the heavy rains in Mumbai. Therefore, the Applicant herein humbly prays before this Hon'ble Appellate Tribunal to condone the delay of 19 days in filing the present Appeal.”
The delay being beyond condonable period, we are unable to condone the delay of 19 days’, as prayed. It is not disputed that the order was passed on 02.06.2025 and the limitation shall commence from the date of passing of the order. Delay Condonation Application is dismissed. In result, Memo of Appeal is also dismissed.