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Civil · Reportable judgment

CA Ramchandra Dallaram Choudhary vs Adani Infrastructure and Developers Private Limited

Court
Supreme Court of India
Date
1 June 2026
Case No.
Civil Appeal Diary No. 5988 of 2026
Result
Dismissed
Bench
Dipankar Datta, Satish Chandra Sharma
Citation
[2026] 7 S.C.R. 208 : 2026 INSC 629
Acts & Sections
Insolvency and Bankruptcy Code, 2016 Supreme Court Rules, 2013 Constitution
Supreme Court Reports [2026] 7 S.C.R. 208 : 2026 INSC 629
Issue for consideration
Issue arose that where an appeal u/s.62 IBC is filed within time, i.e., 45 (forty-five) days or beyond the said period but before expiry of 60 (sixty) days as contemplated in the sub-sections thereof and are marked defective, for whatever reason, whether this Court can condone the delay in refiling of the appeal when the defects pointed out are not cured within 28 (twenty-eight) days.
Headnote

Insolvency and Bankruptcy Code, 2016 – s.62 – Supreme Court Rules, 2013 – Ord.VIII r.6 Sub-rules (3) and (4) – Condonation of delay – Appeal u/s.62, at the instance of liquidator of a corporate debtor under liquidation challenging the order passed by NCLAT – Appeal presented beyond the period of limitation prescribed in s.62(1), but within the grace period stipulated in sub-section (2) – Office reported a delay of 7 days in filing the appeal – Application seeking condonation of delay filed – Office also marked the appeal defective – Upon curing the defects, the appeal came to be re-filed after a further delay of 82 days, for which a separate application seeking condonation of the delay in re-filing also filed: Held: 45 (forty-five) days is available under subsection (1) of s.62 from date of receipt of the order of the NCLT to file an appeal involving a substantial question of law before this Court – As per sub-section (2), subject to sufficient cause being shown, the Supreme Court may allow an appeal to be filed within 15 (fifteen) days after the expiry of the said 45 (forty-five) days but not beyond – Curing of defects arising out of a defectively filed appeal u/s.62 is permissible within 28 (twenty-eight) days of notification thereof by the Registry – If the defects are cured within 28 (twenty-eight) days, the appeal would deserve registration upon removal of the “D No.” – However, there being no scope for curing defects after lapse of the period of 28 (twenty-eight) days in respect of an appeal u/s.62, filing of an application for condonation of the delay in re-filing does not arise – Thus, no question of condonation of delay [even for a day beyond 60 (sixty) days (in case of an appeal which, apart from the little delay in filing beyond 45 (forty-five days), is otherwise defect-free) and 28 (twenty-eight) days (in case of a defective appeal)] arises for consideration – Where the statute itself erects an insurmountable jurisdictional bar, no enquiry into the adequacy of the cause shown would alter the legal consequence that inexorably follows – Upon a perusal of the applications seeking condonation of delay in filing and in re-filing, sufficient cause not shown to satisfactorily explain the delay – Absent any cogent or convincing justification, the delay in both the filing of the defective appeal and re-filing of the appeal not liable to be condoned – Defective appeal dismissed as time-barred having been filed beyond the maximum period condonable in terms of the IBC. [Paras 25-28]

Keywords: Appeal u/s.62 IBC · Marked defective · Condone the delay in refiling of appeal when defects pointed out not cured within 28 (twenty-eight) days · Condonation of delay · Liquidator of corporate debtor under liquidation · Appeal presented beyond the period of limitation · Curing of the defects

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Judgment Dipankar Datta, J. 1. This is an appeal under Section 62 of the Insolvency and Bankruptcy Code, 20161, at the instance of the liquidator of a corporate debtor under liquidation. Under challenge is the judgment and order dated 08th December, 20252 passed by the National Company Law Appellate Tribunal, Principal Bench at New Delhi3 in Comp. App. (AT) (Ins) No.2316 of 2024. 2. Having regard to the point on which we propose to decide the appeal, we see no reason to comment on the correctness or otherwise of the impugned order. 3. The appeal was presented on 29th January 2026, beyond t
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