Appeal to Supreme Court [ Section 62 ] - Insolvency Resolution And Liquidation For Corporate Persons - IBC

Appeal to Supreme Court Appeal to supreme court [ Section 62(1) of IBC, 2016 ] Any person aggrieved by an order of the National Company Law Appellate Tribunal may file an appeal to the Supreme Court on a question of law arising out of such order under this Code within forty-five days from the date of receipt of such order. Allowing the appeal beyond 45 days [ Section 62(2) of IBC, 2016 ] The Supreme Court may, if it is satisfied that a person was prevented by sufficient cause from filing an appeal within forty-five days, allow the appeal to be filed within a further period not exceeding fifteen days. Relevant Case Laws Gammon India Ltd. Vs. Neelkanth Mansions and Infrastructure Pvt. Ltd. [Civil Appeal No. D No 13202 of 2019] SC order dt. 20.11.2020 Section 62 of the Code provides a period of 45 days from the date of the receipt of an order of the NCLAT for filing an appeal. It empowers the SC to condone a delay of a further period up to 15 days for sufficient cause. Since the delay of 51 days is beyond the period of delay which can be condoned, the SC dismissed the appeal on the ground that it is barred by limitation. Upendra Choudhury Vs. Bulandshahar Development Authority Ors. [Writ Petition (Civil) No. 150 of 2021] SC order dt. 11.02.2021 The SC declined to entertain a writ petition under Article 32 of the Constitution filed by a singular homebuyer, stating that it would be inappropriate to do so as there are specific statutory provisions holding the field, including the Consumer Protection Act 1986 and its successor legislation; the Real Estate (Regulation and Development) Act 2016; and the Code. Remedy under Article 32 cannot be used as a ruse to flood the SC with petitions that must be filed before the competent authorities set up pursuant to the appropriate statutory framework.