Appeal to Supreme Court
Section 62 of the Insolvency and Bankruptcy Code, 2016 deals with appeal to Supreme Court. 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. The Act was enacted on 28 May 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.
Section 62, The Insolvency and Bankruptcy Code, 2016 (Act 31 of 2016).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 1
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Kalyani Transco v. M/s Bhushan Power and Steel Ltd.
Court's Decision & Legal Precedent
In upholding NCLAT and dismissing promoter/CoC appeals on Bhushan Power CIRP/resolution issues, SC emphasises IBC s.12 precise CIRP timelines and proviso that extension may not be granted more than once — time-bound resolution is core IBC design. Index: Judgement of Main Case 2025-09-26 order-52.pdf; body ends NEW DELHI; SEPTEMBER 26, 2025 (Gavai CJI, Sharma & Chandran JJ). Same CNR already on IBC 62; remapped teaching to empty s.12.
On this section: IBC s.62: on Supreme Court appeal from NCLAT, an approved resolution plan freezes claims and binds stakeholders; CoC commercial wisdom and plan sanctity are not lightly disturbed for delay or residual claims (Kalyani Transco / BPSL).
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Sundaresh Bhatt vs Central Board of Indirect Taxes and Customs
Court's Decision & Legal Precedent
Once moratorium is imposed under Sections 14 or 33(5) of the Insolvency and Bankruptcy Code, 2016, the Customs authority has only limited jurisdiction to assess and determine the quantum of customs duty and other levies. The Customs authority does not have the power to initiate recovery of dues by means of sale or confiscation as provided under the Customs Act. After such assessment, the Customs authority must submit its claims in accordance with the procedure laid down in the IBC and in strict compliance with prescribed time periods before the adjudicating authority. The Insolvency and Bankruptcy Code overrides the Customs Act to this extent, and the Liquidator can immediately secure goods from the Customs authority to be dealt with appropriately under the IBC. Additionally, the Liquidator has discretion in choosing the mode of sale of corporate assets (auction or private contract), and no vested right accrues to any bidder merely by participation in a bidding process; the Liquidator's commercial decisions regarding asset sales are not subject to judicial review.
On this section: Basis for Supreme Court jurisdiction to hear appeal from NCLAT judgment
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Vidarbha Industries Power Limited vs Axis Bank Limited
Court's Decision & Legal Precedent
Section 7(5)(a) of the Insolvency and Bankruptcy Code 2016 confers discretionary power on the Adjudicating Authority (NCLT) to admit or reject an application for Corporate Insolvency Resolution Process filed by a financial creditor, even when default is established and the application is complete. The NCLT must apply its mind to relevant factors including the feasibility of initiating CIRP against the corporate debtor, the impact of pending regulatory appeals and awards, and the overall financial health and viability of the corporate debtor under its existing management. The existence of a financial debt and default in payment thereof only gives the financial creditor the right to apply for initiation of CIRP; it does not mandate automatic admission. The NCLT may exercise its discretion to keep the admission of the application in abeyance or reject it if the corporate debtor demonstrates that a substantial award or decree in its favor is pending, which if realized would exceed the debt claimed by the financial creditor.
On this section: Basis for appeal to Supreme Court from NCLAT judgment
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… GAVAI, CJI <span id="page-3-0"></span> I. INTRODUCTION 1. This batch of six appeals are filed under Section 62 of the Insolvency and Bankruptcy Code, 2016[1]( page-3-2) by erstwhile promoters and various Operational Creditors of the Corporate Debtor against the common final impugned judgment and order dated 17th February 2020 passed by the National Company Law Appellate Tribunal, New Delhi[2]( page-3-3) in relation to the …
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… FACTUAL MATRIX 1. These are statutory appeals under Section 62 of the Insolvency and Bankruptcy Code, 2016 [hereinafter referred to as 'IBC'] against the judgement dated 18.09.2023 (impugned order) passed by the National Company Law Appellate Tribunal [hereinafter referred to as 'NCLAT'] in appeals, pertaining to the Corporate Insolvency Resolution Process of the Hindustan …
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… FACTUAL MATRIX 1. These are statutory appeals under Section 62 of the Insolvency and Bankruptcy Code, 2016 [hereinafter referred to as 'IBC'] against the judgement dated 18.09.2023 (impugned order) passed by the National Company Law Appellate Tribunal [hereinafter referred to as 'NCLAT'] in appeals, pertaining to the Corporate Insolvency Resolution Process of the Hindustan …
Made under this section, and citing it
1 instrument names this provision in its title or its text without being made under it.
Questions about Section 62
What have the courts held on Section 62 of the Insolvency and Bankruptcy Code?
Kalyani Transco v. M/s Bhushan Power and Steel Ltd. (26 Sep 2025) is the leading judgment on this section among those set out below: IBC s.62: on Supreme Court appeal from NCLAT, an approved resolution plan freezes claims and binds stakeholders; CoC commercial wisdom and plan sanctity are not lightly disturbed for delay or residual claims (Kalyani Transco / BPSL). Another 2 judgments on this section are set out below, all of them from the Supreme Court. They run from 2022 to 2025.
How do I find court cases under Section 62 of the Insolvency and Bankruptcy Code?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Insolvency and Bankruptcy Code 62, section 62 Insolvency and Bankruptcy Code, section 62 of the Insolvency and Bankruptcy Code. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with Kalyani Transco v. M/s Bhushan Power and Steel Ltd. (26 Sep 2025).
What should I read with Section 62 of the Insolvency and Bankruptcy Code, and has it changed?
1 other provision in this corpus refers back to it. One instrument names it without being made under it, most recently The Insolvency and Bankruptcy Code (Amendment) Act, 2019 (2019).
When was Section 62 of the Insolvency and Bankruptcy Code enacted?
Section 62 of the Insolvency and Bankruptcy Code, cited as Insolvency and Bankruptcy Code 62, was enacted on 28 May 2016 as Act 31 of 2016. It is in force as at the date shown on this page.
Other sections of this Act
- 240. Power to make regulations2349 words
- 5. Definitions2326 words
- 3. Definitions1381 words
- 29A. Person not eligible to be resolution applicant1152 words
- 239. Power to make rules963 words
- 196. Powers and functions of Board942 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.