Legal Analysis: CA Ramchandra Dallaram Choudhary v. Adani Infrastructure and Developers Private Limited

Citation: 2026 INSC 629

Court: Supreme Court of India

Bench: A Division Bench comprising Justice Dipankar Datta & Justice Satish Chandra Sharma

Date of Decision: June 1, 2026

Nature of Judgment: Civil Appeal under Section 62 of the Insolvency and Bankruptcy Code, 2016 arising out of D.No.5988/2026 against the judgment of the National Company Law Appellate Tribunal, Principal Bench at New Delhi dated 8th December 2025.

Synopsis of the Judgment

The appellant (liquidator of a corporate debtor under liquidation) filed an appeal under Section 62 of the IBC challenging an NCLAT order. The appeal was presented beyond the 45‑day period but within the 15‑day grace period (delay of 7 days). The appeal was marked defective, and after curing defects, it was re‑filed with a further delay of 82 days. The appellant sought condonation of both the filing delay and the re‑filing delay. The Supreme Court held that: (i) under Section 62 IBC, the outer limit for filing an appeal is 60 days (45 days + 15 days on sufficient cause); (ii) beyond 60 days, the Court has no jurisdiction to condone any further delay; (iii) a defective appeal that is not cured within the 28‑day period prescribed by the Supreme Court Rules, 2013 (Order VIII Rule 6) cannot be revived; (iv) the filing of a defective appeal does not stop the limitation clock; a litigant cannot file a defective appeal as a device to save limitation and then cure defects at leisure; (v) the statutory scheme of the IBC overrides any general procedural leniency regarding re‑filing delays. Consequently, the appeal was dismissed as time‑barred.

1. Basic Information of the Judgment

Case Title: CA Ramchandra Dallaram Choudhary v. Adani Infrastructure and Developers Private Limited

Citation: 2026 INSC 629

Civil Appeal No.: Arising out of D.No.5988/2026

Bench: Justice Dipankar Datta & Justice Satish Chandra Sharma

Date of Decision: June 1, 2026

Court: Supreme Court of India (Civil Appellate Jurisdiction)

Impugned Order: Judgment and order dated 8th December 2025 of the National Company Law Appellate Tribunal, Principal Bench at New Delhi in Comp. App. (AT) (Ins) No.2316 of 2024.

2. Legal Framework

Major Laws and Provisions Involved

• Insolvency and Bankruptcy Code, 2016 (IBC) – Section 62 (appeal to Supreme Court from NCLAT order – 45 days, extendable by 15 days on sufficient cause, total maximum 60 days).

• Supreme Court Rules, 2013 – Order VIII Rule 6 (re‑filing of petitions and appeals – 28 days to cure defects; thereafter, application for condonation of re‑filing delay may be filed, but discretion is exercised).

• Limitation Act, 1963 – Section 5 (condonation of delay – general principle, but held inapplicable beyond the statutory outer limit under IBC).

Key Precedents Cited and Applied

• Mobilox Innovations (P) Ltd. v. Kirusa Software (P) Ltd. (2018) 1 SCC 353 – Strict adherence to timelines under IBC is of essence; even under Section 62, 45 days with a grace period not exceeding 15 days.

• Kalparaj Dharamshi v. Kotak Investment Advisors Limited (2021) 10 SCC 401 

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