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

Kaveri Steels Ltd received an NCLAT order on 10 April. Because its director was hospitalised, it filed an appeal in the Supreme Court on day 52 from receipt. The Supreme Court is satisfied that sufficient cause prevented timely filing. What is the position?

The Supreme Court may allow the appeal. Section 62(2) permits a further period of up to fifteen days beyond forty-five where sufficient cause is shown. Filing on day 52 is only seven days late, so it is within the condonable window ending on day 60.

  1. AThe appeal cannot be entertained because 45 days have expired
  2. BThe Court may allow it, as the delay is within the further 15 days permittedCorrect
  3. CThe Court may allow it, as there is no outer limit on condonation if cause is sufficient
  4. DThe appeal must first be filed before the NCLAT for condonation

Explanation

Section 62(2) lets the Supreme Court allow filing within a further period not exceeding fifteen days if sufficient cause is shown. Day 52 is 7 days beyond 45, so it falls within the 15-day window (up to day 60). Condonation has a cap, so there is no unlimited discretion.

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