Supreme Court Rules that Supreme Court Rules cannot override the timeline mandate under the IBC
By COMMUNICATION COMMITTEE Posted On : July 13, 2026
The Supreme Court, in CA Ramchandra Dallaram Choudhary v. Adani Infrastructure And Developers Private Limited has reiterated that the strict timelines prescribed under the Insolvency and Bankruptcy Code, 2016 (IBC) cannot be diluted by permitting belated re-filing of defective appeals. It held that a litigant cannot circumvent the statutory limitation prescribed under the Insolvency and Bankruptcy Code, 2016 by filing a defective appeal merely to save limitation and thereafter seeking to cure the defects at its convenience. Once the statutory period under Section 62 of the IBC, read with the period of 28 days prescribed under the Supreme Court Rules for re-filing upon curing defects expires the right to appeal stands extinguished and the delay in re-filing is not liable to be condoned.
The Court rejected the argument that a liberal approach should be adopted merely because the appellant was a liquidator, holding that the IBC does not create a different standard for insolvency professionals or other litigants.
The Court rejected the argument that a liberal approach should be adopted merely because the appellant was a liquidator, holding that the IBC does not create a different standard for insolvency professionals or other litigants.