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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.

  1. A30 days
  2. B45 daysCorrect
  3. C60 days
  4. 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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