Supreme Court of India
Ca Ramchandra Dallaram Choudhary v. Adani Infrastructure and Developers Private Limited
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 considered opinion that the words “sufficient cause” in this case ought to have been construed liberally and that interest of justice would be best served if, upon condonation of delay in refilling of the appeal, the National Company Law Appellate Tribunal proceeds with the hearing of the appeal on merits.
Judgment, page 7
From the headnote
Issue for Consideration Issue arose that where an appeal u/s.62 IBC is filed within time, i.e., 45 (forty-five) days or beyond the said period but before expiry of 60 (sixty) days as contemplated in the sub-sections thereof and are marked defective, for whatever reason, whether this Court can condone the delay in refiling of the appeal when the defects pointed out are not cured within 28 (twenty-eight) days. Headnotes† Insolvency and Bankruptcy Code, 2016 – s.62 – Supreme Court Rules, 2013 – Ord.VIII r.6 Sub-rules (3) and (4) – Condonation of delay – Appeal u/s.62, at the instance of
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- 2025 Tata Steel Ltd. v. Raj Kumar Banerjee & Ors.
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