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CS Professional · Insolvency and Bankruptcy - Law and Practice · Adjudication and Appeals for Corporate Persons

A Debt Recovery Appellate Tribunal passed an order against Mehta Traders, an individual whose insolvency matter arose under the Code. Mehta received the order on 5 June and filed a Supreme Court appeal on a question of law on day 58, showing sufficient cause for delay. Which statement is correct?

The appeal is maintainable. Section 182 allows an appeal from a DRAT order on a question of law within forty-five days, and the Supreme Court may permit a further fifteen days for sufficient cause. Day 58 falls within that extended limit of sixty days.

  1. ANot maintainable, since DRAT orders cannot be appealed to the Supreme Court
  2. BNot maintainable, as the limit is 45 days and no condonation exists
  3. CMaintainable, as section 182 allows a further period up to 15 days for sufficient causeCorrect
  4. DMaintainable, as the limit is 30 days plus 30 days for sufficient cause

Explanation

Section 182(1) provides an appeal from a DRAT order on a question of law within 45 days to the Supreme Court. Section 182(2) allows a further period not exceeding 15 days for sufficient cause. Day 58 falls within day 60, so it can be allowed. Option 4 misstates the periods.

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