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2024 (3) TMI 410 - AT - Insolvency and BankruptcyPrayer for condonation of delay in filing the Appeal - Dismissal of section 9 application - HELD THAT:- The order clearly mentions both the date i.e. date of hearing i.e. 21st September, 2023 and date of pronouncement i.e. 25th September, 2023. Order also indicates that counsel for the operational creditor i.e. Appellant was present and the order was pronounced in the presence of the Learned Counsel for the Appellant. In view of the law laid down by the Hon’ble Supreme Court in V. Nagarajan [2021 (10) TMI 941 - SUPREME COURT], the period for filing the Appeal shall commence from the date when order is pronounced in presence of Learned Counsel for the Appellant, the submission of the Appellant relying on Judgment of Sanjay Pandurang Kalate [2023 (12) TMI 1249 - SUPREME COURT] in paragraph 20 is to be considered - Paragraph 20 as quoted were in reference of the facts of the case of Sanjay Pandurang Kalate, where although order was pronounced subsequently but earlier date was put in the order. The present is a case where both the date of hearing and date of pronouncement has been clearly mentioned in the order hence the observation of para 20 in Sanjay Pandurang Kalate has no relevance in the presence case. The Appeal have been filed beyond 15 days after expiry of the limitation, we are unable to condone the delay since our jurisdiction to condone the delay is limited to 15 days only as per Section 61(2) proviso of the Code. Delay Condonation Application is dismissed.
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