Insolvency and Bankruptcy Code, 2016 – Supreme Court Half Yearly Digest Jan – Jun, 2026
Insolvency and Bankruptcy Code, 2016 – No Condonation of Re-filing Delay Beyond 28 Days for IBC Appeals – While the Supreme Court Rules, 2013 (SCR) allow a 28-day window for curing defects and permit discretionary condonation of re-filing delay for general laws, this relaxation cannot override the express statutory edict of the IBC – An appeal under Section 62 must be defect-free to be considered validly instituted within the limitation period – Litigants cannot circumvent the rigorous timelines of the IBC by filing a defective appeal as a device to save limitation and curing defects at leisure – Once the 60-day statutory window…