2023 (12) TMI 1385 - AT - IBC

Condonation of 17 days delay in filing the Appeal - HELD THAT - It is well settled that the limitation for filing the Appeal shall commence on the date when order of Adjudicating Authority is pronounced and it has no dependence on the date of uploading of the order, which has been laid down by the Hon ble Supreme Court in V. Nagarajan vs. SKS Ispat and Power Limited Ors., 2021 (10) TMI 941 - SUPREME COURT (LB) . The jurisdiction to condone delay is limited to only 15 days under Section 61(2) proviso. The delay cannot be condoned as prayed in the application - Delay Condonation Application is dismissed. In result, Memo of Appeal is rejected.

Summary

The Appellate Tribunal dismissed the application for condonation of delay in filing an appeal as the delay exceeded the permissible limit of 15 days. The Tribunal cited a Supreme Court ruling that the limitation for filing an appeal starts from the date of pronouncement of the order, not the date of uploading the order. The appeal was rejected as the delay could not be condoned beyond the statutory limit.