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2023 (5) TMI 200 - AT - Insolvency and BankruptcyCondonation of delay in filing appeal - Appeal was filed presumably on 10.09.2022 i.e. after the period of 45th days from the date of receipt of the Impugned Order on 27.07.2022 - Because of the sudden rise of corona cases in Delhi and Kolkata, the Appellants were restrained from travelling and thus, could not complete the required process in time and that is the reason for delay in filing of the present appeal. HELD THAT:- The impugned order was passed on 18.07.2022 and the instant Appeal was filed on 13.09.2022 with delay of about 54 days. The Appellant applied for certified copy of the order on 26.07.2022 and received on 27.07.2022 even if the time consumed obtaining certified copy of the order is excluded, the Appeal has been filed beyond the limitation period. This Tribunal has power to condone the delay is only of 15 days. The Counsel for the Appellant sought to contend that the Limitation will start running when the Order is communicated to the Appellant. The said submission cannot be accepted. The Order was passed on the Application filed by the Resolution Professional and from the date when the order was pronounced, limitation shall start running. There is no ground to condone the delay. In view of the judgment of V. Nagarajan Vs. SKS Ispat and Power Limited & Another [[2021 (10) TMI 941 - SUPREME COURT]], the instant appeal is time barred in as much as it has been filed beyond the period of limitation. Application dismsissed.
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