CA Ramchandra Dallaram Choudhary vs Adani Infrastructure and Developers 2026 INSC 629 - S.62 IBC - Refiling Delay - Limitation
Insolvency and Bankruptcy Code, 2016 — Section 62; Supreme Court Rules, 2013 - 45 (forty-five) days is available under subsection (1) of Section 62, IBC 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 under Section 62, IBC 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 under Section 62, IBC, filing of an application for re-filing delay does not arise. Consequently, 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. (Para 25)
Insolvency and Bankruptcy Code, 2016 — Section 62; Supreme Court Rules, 2013 - The SCR is the subordinate legislation in the field and whenever the IBC and the SCR clash, the latter cannot override the express provisions of the former. The IBC must prevail being the statutory edict. Though indisputable that the standards for examining a prayer for condoning a re-filing delay is certainly less rigorous than a filing delay but such standard would stand true and be applicable for the general laws, like proceedings arising from the Codes of Civil and Criminal Procedure, as well as from remedies provided by the Constitution of India. Section 62, IBC is, however, a complete code in itself for filing of appeals and is different from other laws. (Para 18)
Practice and Procedure- Limitation - Litigant cannot be permitted to circumvent the rigours of limitation by filing a defective appeal as a device to save limitation and, thereafter, to opt to cure the notified defects at leisure.
