CHAPTER V VOLUNTARY LIQUIDATION OF CORPORATE PERSONSCentral

Section 62 of The Insolvency and Bankruptcy Code, 2016.

(1)Any person aggrieved by an order of the National Company Law Appellate Tribunal may file an appeal to the Supreme Court on a question of law arising out of such order under this Code within forty-five days from the date of receipt of such order.
(2)The Supreme Court may, if it is satisfied that a person was prevented by sufficient cause from filing an appeal within forty-five days, allow the appeal to be filed within a further period not exceeding fifteen days.

Summary

Any person aggrieved by an order of the National Company Law Appellate Tribunal may file an appeal to the Supreme Court.
The appeal to the Supreme Court must arise on a question of law.
The appeal must be filed within forty-five days from the date of receipt of the Appellate Tribunal's order.
The Supreme Court may allow a delayed appeal to be filed within a further period of up to fifteen days if sufficient cause is shown.

Practical examples

1A developer named Rohan lost an appeal at the Appellate Tribunal on May 1, 2026. Under Section 62, his lawyer filed an appeal to the Supreme Court on June 5, 2026, which is thirty-five days later, to argue a critical question of law regarding corporate guarantors.

2A company shareholder named Priya received an adverse order from the Appellate Tribunal. She suffered from a sudden illness and could not appeal within forty-five days. She filed her appeal on the fifty-fifth day, and the Supreme Court condoned the ten-day delay under Section 62 because it was within the fifteen-day maximum extension.

FAQ

1. On what grounds can an appeal be filed in the Supreme Court under Section 62 of the Insolvency and Bankruptcy Code, 2016?

Under Section 62 of the Insolvency and Bankruptcy Code, 2016, an appeal can only be filed on a question of law arising out of the order of the National Company Law Appellate Tribunal.

2. What is the timeline for filing an appeal to the Supreme Court under Section 62 of the Insolvency and Bankruptcy Code, 2016?

An appeal must be filed within forty-five days from the date of receipt of the order of the National Company Law Appellate Tribunal under Section 62 of the Insolvency and Bankruptcy Code, 2016.

3. Can the Supreme Court extend the forty-five-day time-limit for filing an appeal under Section 62 of the Insolvency and Bankruptcy Code, 2016?

Yes, under Section 62 of the Insolvency and Bankruptcy Code, 2016, the Supreme Court can allow a further period not exceeding fifteen days if it is satisfied that the person was prevented by sufficient cause.

Test yourself

Q1.Under Section 62 of the Insolvency and Bankruptcy Code, 2016, what is the default time-limit for filing an appeal to the Supreme Court?

Q2.Under Section 62 of the Insolvency and Bankruptcy Code, 2016, an appeal to the Supreme Court must be based on:

Q3.Under Section 62 of the Insolvency and Bankruptcy Code, 2016, what is the maximum additional time the Supreme Court can grant if an appeal is delayed?

Q4.Under Section 62 of the Insolvency and Bankruptcy Code, 2016, which authority's orders can be appealed directly to the Supreme Court?

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