Skip to content

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

The NCLAT dismisses an appeal against an order approving a resolution plan for Orchid Power Ltd. An aggrieved operational creditor wants to challenge the NCLAT's order before the Supreme Court. Which route is correct under the Code?

The operational creditor may appeal to the Supreme Court on a question of law within 45 days from receipt of the NCLAT order. Section 62(1) provides this route, and the Code does not provide a further NCLAT or High Court appeal against the NCLAT order.

  1. AAppeal to the Supreme Court on a question of law within 45 days of receiving the NCLAT orderCorrect
  2. BSecond appeal to the NCLAT within 30 days
  3. CAppeal to the High Court within 45 days
  4. DAppeal to the Supreme Court within 30 days on any ground

Explanation

Section 62(1) gives any person aggrieved by an NCLAT order the right to appeal to the Supreme Court on a question of law within 45 days of receipt. Appeals go to the NCLAT only from the Adjudicating Authority under section 61, and the Code gives no High Court route here.

Did you get it right without looking?

One question tells you little. A timed set on Adjudication and Appeals for Corporate Persons shows your real accuracy, how long you take and where you lose marks.

Practise Adjudication and Appeals for Corporate PersonsFree diagnostic mock

More Adjudication and Appeals for Corporate Persons questions