VidhiSangh

Supreme Court of India · 14/09/2021

NATIONAL SPOT EXCHANGE LIMITED versus MR. ANIL KOHLI, RESOLUTION PROFESSIONAL FOR DUNAR FOODS LIMITED

[2021] 7 S.C.R. 1024 · 2021 INSC 476

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court upheld dismissal of National Spot Exchange’s insolvency appeal as time-barred. Section 61(2) of the Insolvency and Bankruptcy Code permits an appeal within thirty days and condonation for a further period not exceeding fifteen days. The Appellate Tribunal could not extend that statutory ceiling. Neither the size of the claim nor the appellant’s asserted public character justified using Article 142 to overcome the express limitation. The appeal was dismissed without costs.

Issues

  1. Whether the Appellate Tribunal could condone delay beyond the additional fifteen days permitted by Section 61(2).
  2. Whether Article 142 could be used to overcome that statutory ceiling.

Provisions considered

Held

Result

Appeal dismissed; dismissal by the Appellate Tribunal on limitation upheld. No order as to costs.

Judgment PDF: Supreme Court of India, [2021] 7 S.C.R. 1024.