Judgment Intelligence
Petition Dismissed- Court
- Supreme Court of India
- Date of Decision
- 14 October 2026
- Bench
- Justices S.V.N. Bhatti and N.V. Anjaria
- Relevant Acts & Sections
- Insolvency and Bankruptcy Code, 2016 — Sections 61, 62, 238, 238-A; Limitation Act, 1963 — Section 12(2) and Explanation; NCLAT Rules, 2016 — Rules 22(2), 91; Supreme Court Rules, 2013 — Order XIX Rule 3(2)(i), Rule 40
The preliminary objection was sustained and the Civil Appeal dismissed as barred by limitation, with no order as to costs; pending applications stand disposed of (paras 18-19).
Key holdings
- Section 62 of the IBC allows 45 days plus a condonable 15 days, an absolute outer limit of 60 days for appealing to the Supreme Court (para 11).
- 'Receipt of the order' in Section 62(1) is not the date a party chooses to collect a certified copy; limitation runs from the NCLAT's pronouncement (paras 12, 14).
- Only the time requisite for obtaining the copy, from application to readiness, is excluded under Section 12(2); inaction before applying counts against the appellant (para 14).
- Sagufa Ahmed, decided on the Companies Act right to a free copy, does not apply to Section 62 appeals, where the Supreme Court Rules require the appellant to apply for one (para 13).
Judgment digest by NyayVidhan: a summary of the court's judgment, not its text. The judgment itself is the authoritative version.
Brief Facts
Court's Findings
Legal Principle
Precedents Relied Upon
- V. Nagarajan v. SKS Ispat and Power Limited and Others (2022) 2 SCC 244
The IBC is an exhaustive code that prevails over the Companies Act; time to obtain a certified copy is excluded only from the date of applying for it, and delay beyond the 15-day outer limit under Section 61(2) cannot be condoned.
- CA Ramchandra Dallaram Choudhary v. Adani Infrastructure and Developers Private Limited 2026 SCC OnLine SC 1097
The absolute outer limit for an appeal under Section 62 of the IBC is 60 days; beyond it the Court cannot condone delay, and the Supreme Court Rules, 2013 cannot extend the window.
- Sagufa Ahmed and Others v. Upper Assam Plywood Products Private Limited and Others (2021) 2 SCC 317
The condonable window is not part of the prescribed period of limitation; limitation ran from receipt of the order there only because the Companies Act gave a statutory right to a free certified copy, which does not apply to a Section 62 IBC appeal.
