Supreme Court of India

Nitendra Kumar Tomer v. Unox S.P.A.

Neutral citation
Reported as [2026] 5 S.C.R. 146
Bench Sanjay Kumar and K. Vinod Chandran JJ.
Decided 10 April 2026

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

We are of the opinion that, despite such failure on their part, we must give primacy to the provisions of the Code, which lay down strict mandates in terms of time, which are sacrosanct and cannot be lightly discarded.

Judgment, page 8

From the headnote

Issue for Consideration Once the prescribed limitation period u/s.61(2) of Insolvency and Bankruptcy Code, 2016 expired, whether it was open to the suspended director to take steps to convert the incompetent appeal and maintain an appeal in his own name. Headnotes† Insolvency and Bankruptcy Code, 2016 – ss.16, 17, 61 – suspended director of Ambro Asia Private Limited, the corporate debtor, filed the present appeal u/s.62 of the Insolvency and Bankruptcy Code, 2016, aggrieved by the judgment dated 07.01.2026 passed by the NCLAT – By the said judgment, the NCLAT confirmed the order dated

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