2024 (1) TMI 343 - SCH - Insolvency and Bankruptcy

Time Limitation - Condonation of delay of 20 days in filing and 191 days in re-filing the Special Leave Petitions - HELD THAT - Since the impugned order of the National Company Law Appellate Tribunal dated 28 September 2022 is amenable to the appellate jurisdiction of this Court under Section 62 of the Insolvency and Bankruptcy Code 2016, we decline to entertain a petition under Article 136 of the Constitution. The bar of limitation cannot be obviated or circumvented by taking recourse of proceedings under Article 136 of the Constitution when a statutory appeal is available. The Special Leave Petitions declined only on that ground leaving it open to the petitioner to adopt appropriate remedies in accordance with law. The Special Leave Petitions are, therefore, dismissed on the ground of delay as well as on merits.

Summary

The Supreme Court dismissed the Special Leave Petitions due to delays in filing and re-filing, stating that statutory appeal should be pursued instead of Article 136 of the Constitution. The impugned order of the National Company Law Appellate Tribunal dated 28 September 2022 was involved.