Appeal to Supreme Court u/s 62 of IBC against NCLT’s order, is not maintainable

Case Details: ZILLION INFRA PVT LTD V. THE INDURE PRIVATE LTD - [2022] 136 taxmann.com 8 (SC)

Judiciary and Counsel Details

• • Dinesh Maheshwari and Vikram Nath, JJ.
  • Deep Tarun Bisht, Akshat Bajpai, Ms. Akanksha Sisodia, Advs.
  • Anup Jain, AOR for the Appellant.

Facts of the Case

In the instant case, an appeal was sought under Section 62 of the Insolvency and Bankruptcy Code, 2016 against the order passed by the NCLT. It was observed that as per submissions made in the Memo of Appeal, indisputably, the order was taken to the NCLAT and the Appellate Tribunal dismissed the appeal. The said order of the Appellate Tribunal was not challenged in the appeal.

Supreme Court held

The Supreme Court held that appeal was maintainable before the Supreme Court u/s 62 of IBC against the impugned order of NCLT when there was no challenge to the NCLAT’s order. Dismissing the appeal as incompetent, the Supreme Court viewed that appeal only against the order of NCLT remains fundamentally incompetent and therefore, denied granting any liberty or relaxations.

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