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

Arvind Pvt Ltd's resolution plan was approved by the Adjudicating Authority, and the NCLAT dismissed an appeal on it. A dissenting operational creditor now wants to go further. Which sequence correctly reflects the appellate route under the Code?

The route is Adjudicating Authority to NCLAT within thirty days, then to the Supreme Court on a question of law within forty-five days of receipt of the NCLAT order. Sections 61 and 62 set these tiers and periods; the High Court is not part of this chain.

  1. AAdjudicating Authority, High Court, Supreme Court
  2. BAdjudicating Authority, NCLAT within 30 days, then Supreme Court on a question of law within 45 daysCorrect
  3. CAdjudicating Authority, Supreme Court directly within 45 days
  4. DAdjudicating Authority, NCLAT within 45 days, then Supreme Court within 30 days

Explanation

Section 61 provides appeals from the Adjudicating Authority to NCLAT within 30 days (extendable by up to 15 days). Section 62 then permits an appeal from NCLAT to the Supreme Court on a question of law within 45 days. The other options swap or skip tiers.

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