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

  • Blog|News|Insolvency and Bankruptcy Code|
  • 2 Min Read
  • By Taxmann
  • |
  • Last Updated on 5 March, 2022

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


Judiciary and Counsel Details

    • Dinesh Maheshwari and Vikram Nath, JJ.
    • Deep Tarun BishtAkshat BajpaiMs. 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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