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Issues: Whether delay beyond the statutorily condonable period in filing the appeals could be excused on the ground of judicial custody and exclusion of time taken for obtaining certified copies.
Analysis: The appeals were filed beyond the permissible limitation period and the applications sought condonation beyond the additional 15 days that may be allowed under the proviso to Section 61(2) of the Insolvency and Bankruptcy Code, 2016. Judicial custody was held to be no bar to the exercise of the statutory right of appeal and could not enlarge the limitation period beyond what the statute permits. In the second appeal, the application for certified copy was made after expiry of 30 days from the date of the impugned order, so exclusion of the copy-preparation period was not available and the delay was even greater than stated.
Conclusion: The delay could not be condoned as it exceeded the Tribunal's statutory power, and the applications for condonation were rejected.
Ratio Decidendi: Delay in filing an appeal under the Insolvency and Bankruptcy Code cannot be condoned beyond the limited additional period prescribed by statute, and judicial custody does not extend or suspend that statutory limitation.