Insolvency and Bankruptcy Code, 2016

Section 62: Appeal to Supreme Court under the IBC

Section 62 provides a statutory appeal to the Supreme Court of India against an order of the National Company Law Appellate Tribunal (NCLAT), but only on a question of law. The ordinary filing period is 45 days from receipt of the order, with a further maximum 15 days where sufficient cause is established.

At a glance: NCLAT order → Supreme Court appeal on a question of law → 45 days from receipt → up to 15 additional days at the Court's discretion. The additional period is not automatic.

Section 62: Statutory provisions

62. Appeal to Supreme Court.

(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.

Meaning and scope of Section 62

The provision creates a limited statutory appellate remedy. A party dissatisfied with an NCLAT decision does not obtain an unrestricted rehearing of the insolvency dispute. The proposed appeal must identify a question of law arising from the appellate tribunal's order. Whether a particular contention qualifies as a question of law depends on the issues decided and the record.

Important legal expressions

Person aggrieved: a person whose legal rights or interests are adversely affected by the NCLAT order and who can demonstrate standing to appeal.
NCLAT: the National Company Law Appellate Tribunal, the appellate forum identified under Section 61 for relevant NCLT orders under Part II of the Code.
Question of law: a legal issue concerning interpretation, application or compliance with law, as distinct from a request merely to re-evaluate factual findings.
Sufficient cause: an adequately established reason that prevented timely filing; the Court decides whether the explanation warrants the limited statutory extension.
Date of receipt: the statutory reference point for computing the 45-day period under Section 62(1); actual computation can depend on applicable procedural law and the case record.

Limitation period for an appeal

Requirement	Section 62 position
Ordinary period	45 days from the date of receipt of the NCLAT order
Extension	Not more than 15 additional days, if sufficient cause is shown
Outer statutory period	Ordinarily 60 days in total, subject to legally applicable rules concerning computation or exclusion of time
Permissible grounds	Question of law arising out of the NCLAT order under the Code

Section 62 does not grant a general power to excuse filing delay beyond the further 15 days. Parties should promptly obtain the order, calculate limitation, identify the legal grounds and comply with Supreme Court filing requirements. Questions of defects and re-filing are procedurally distinct from the initial filing deadline and must be considered under the applicable Supreme Court Rules and case law.

Practical steps before filing

Obtain and examine the NCLAT order, including the date of receipt and any available certified copy.
Identify the specific question or questions of law arising from that order.
Calculate the statutory limitation period and assess any legally available exclusions.
Prepare the appeal, supporting documents and required applications in accordance with the Supreme Court Rules and filing directions.
If filing after 45 days, provide a properly supported explanation for the delay within the permissible extension period.

Filing requirements, court fees, documentation and procedural directions should be verified through the Supreme Court of India and its applicable rules.

Section 60: identifies the National Company Law Tribunal as the adjudicating authority for specified corporate insolvency and liquidation matters. Section 61: provides appeals to NCLAT, ordinarily within 30 days with a limited further 15-day period. Section 62: provides the subsequent Supreme Court appeal confined to a question of law. Section 63: restricts civil-court jurisdiction over matters assigned to NCLT or NCLAT under the Code.

For broader context, read The Insolvency and Bankruptcy Code, 2016.

Frequently asked questions

Can an NCLAT order be challenged before the Supreme Court?

Yes. Section 62 permits a person aggrieved by an NCLAT order to appeal on a question of law arising out of that order under the IBC.

What is the time limit for filing?

Section 62(1) prescribes 45 days from receipt of the NCLAT order. Under Section 62(2), the Supreme Court may allow no more than 15 additional days upon sufficient cause.

Can the Supreme Court reconsider every disputed fact?

Section 62 is framed as an appeal on a question of law. It is not an unrestricted second factual appeal.

Is the extra 15-day period available automatically?

No. The Supreme Court must be satisfied that sufficient cause prevented filing within the initial 45-day period.

Official legal sources

Legal information updated 21 October 2026. Consult the latest notified amendments, judicial decisions and court rules before filing. This article is general legal information, not advice for a specific dispute.