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2024 (3) TMI 135 - AT - Insolvency and BankruptcyCommencement for limitation of appeal - relevant date - date of uploading of the order or the date when order was passed? - HELD THAT:- In the Delay Condonation Application filed by the Appellant in paragraph 3 the Appellant states “that the matter was listed before the Ld. NCLT on 07.11.2023 for purpose of “For Seeking Appropriate Directions” 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.
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