9911796707
TMI Blog2024 (3) TMI 135X X X X Extracts X X X X X X X X Extracts X X X X ..... s whereupon the impugned Order came to be passed . There are no averments in the application that no order was passed on 07.11.2023 by the Court. Appellant sought to rely on date of uploading of the order which may not help the Appellant in the present case. The order was passed in presence of both the parties whose presence are noted in the order. The limitation to file an appeal shall commence from 07.11.2023 and the Appeal having been filed beyond 15 days after expiry of the limitation, delay cannot be condoned. The jurisdiction to condone the delay is limited to only 15 days by Section 61(2) proviso. The Delay Condonation Application is dismissed. - [Justice Ashok Bhushan] Chairperson , [Justice Yogesh Khanna] Member (Judicial) And [B ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... submissions of the Counsel for the parties and perused the record. 5. The order dated 07.11.2023 which is challenged in this Appeal is to the following effect;- 1. Mr. Shyam Kapadia, Ld. Counsel for the Petitioner present. Mr. Trivedi, Ld. Counsel for the Applicant in IA-5059(MB)2023 present. 2. IA-5059(MB)2023: This is an application filed for seeking recalling of the order dated 09.10.2023. There is no valid reasons cited for recalling the order. Hence, IA-5059(MB)2023 is dismissed. 6. The above order clearly indicates that the order was passed in presence of both the parties and the IA filed by the Appellant was dismissed by the aforesaid order. When the order is passed in presence of both the counsel, Appellant cannot contend that he wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ies dismissing the IA filed by the Appellant. Certified copy of the order was not applied by the Appellant within 30 days from passing of the order and from the copy of the order annexed along with the Appeal, it is clear that the application given by the Appellant referred as D. 19518 dated 19.12.2023 . Thus, certified copy was applied by the Appellant after 30 days. When an order is passed by the Adjudicating Authority it casts an obligation on the party to apply for certified copy if the benefit under Section 12 of the Limitation Act are sought to be claimed and party intent to file an appeal. We may refer to the judgment of the Hon ble Supreme Court in V. Nagarajan vs. SKS Ispat and Power Limited and Ors.- (2022) 2 SCC 244 . 9. In the D ..... X X X X Extracts X X X X X X X X Extracts X X X X
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