CA RAMCHANDRA DALLARAM CHOUDHARY versus ADANI INFRASTRUCTURE AND DEVELOPERS PRIVATE LIMITED

Case summary from SCR

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 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