TMI Blog2024 (2) TMI 1317X X X X Extracts X X X X X X X X Extracts X X X X ..... under Section 61(2) proviso. Even from the own case of the Appellant, it is clear that for the first time the certified copy was applied on 23rd November, 2023 physically. The email was sent on 18th November, 2023 prayer of which we have quoted above cannot be treated to be an application for certified copy, according to own case of the Appellant, application for certified copy was made on 23.11.2023 after 30 days of passing of the order dated 19.10.2023 - no benefit under Section 12 of the limitation act can be allowed to the Appellant whereas admittedly according to the Appellant, the certified copy was not given. The Appeal having been filed on 23rd January, 2024 which is well beyond time and well beyond period of 15 days which is pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ection for certified copy which is pending. Learned Counsel for the Appellant submits that since certified copy which was sought has not been given, the Appellant could not file the appeal in time and delay in filing the Appeal need to be condoned. 5. Learned Counsel for the Appellant has referred to application for inspection dated 17th November, 2023 which is as follows : Dear Sir, Please note that I am the advocate on record for all the four abovementioned workers union of Birla Tyres Limited namely Biiju Pattanaik Karmachari Sabha Reg No. 919-CTC, Biju Sramik Sangha Reg No. 869/CTC/07 Birla Tyres Mazdoor Sangha Reg No. 246/91, Vande Maatram Birla Tyres Mazdoor Sangha Reg No. 521/CTC/07, and represent more than 620 wo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r inspection dated 17th November, 2023, the application was for inspection of all the applications including CP(IB)s, another application including approved resolution plan and cannot be treated to be an application for certified copy. 8. Now coming to the email dated 18th November, 2023, on which reliance has been placed by the Appellant, the request in the email is as follows: I therefore request you to provide my clients certified copy of all orders including order dated 19th October, 2023 and copies of all applications including C.P.(IB)250(KB)2021, I.A. (IB)1599(KB)2023, I.A. (IB)1648(KB)2023, I.A.(IB)1069(KB)2023 and other documents including the approved resolution plan, application of resolution plan, objection if any in con ..... X X X X Extracts X X X X X X X X Extracts X X X X
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