CS Professional · Insolvency and Bankruptcy - Law and Practice · Adjudication and Appeals for Corporate Persons
The NCLAT dismissed an appeal by Sundaram Textiles Ltd against an order in a corporate insolvency resolution process. Sundaram received the NCLAT order on 1 March. It wants to appeal to the Supreme Court under the Code. Within how many days of receipt must the appeal ordinarily be filed?
The appeal must be filed within forty-five days from the date of receipt of the NCLAT order. Section 62(1) fixes this period for Supreme Court appeals. The thirty-day period belongs to appeals before the NCLAT against Adjudicating Authority orders.
- A30 days
- B45 daysCorrect
- C60 days
- D90 days
Explanation
Under section 62(1), an appeal to the Supreme Court against an NCLAT order must be filed within forty-five days from the date of receipt of the order. The 30-day period is the limit for appeals to NCLAT under section 61, not for the Supreme Court.
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