IBC 61 — Appeals and Appellate Authority

Insolvency & Bankruptcy Code, 2016

Statutory text

(1)  Notwithstanding  anything  to  the  contrary  contained under  the  Companies  Act  2013 (18  of  2013),  any  person  aggrieved  by  the  order  of  the  Adjudicating Authority under this part may prefer an appeal to the National Company Law Appellate Tribunal.
(2) Every appeal under sub-section (1) shall be filed within thirty days before the National Company
Law Appellate Tribunal:
Provided that the National Company Law Appellate Tribunal may allow an appeal to be filed after the expiry  of  the  said  period  of  thirty  days  if  it  is  satisfied  that  there  was  sufficient  cause  for  not  filing  the appeal but such period shall not exceed fifteen days.
(3)  An  appeal  against  an  order approving  a  resolution  plan  under  section  31  may  be  filed  on the following grounds, namely:—

(i) the approved resolution plan is in contravention of the provisions of any law for the time being in force;
(ii)  there  has  been  material  irregularity  in  exercise  of  the  powers  by  the  resolution  professional during the corporate insolvency resolution period;
(iii) the debts owed to operational creditors of the corporate debtor have not been provided for in the resolution plan in the manner specified by the Board;
(iv) the insolvency resolution process costs have not been provided for repayment in priority to all other debts; or (v) the resolution plan does not comply with any other criteria specified by the Board.
(4) An appeal against a liquidation order passed under section 33 may be filed on grounds of material irregularity or fraud committed in relation to such a liquidation order.

Back to IBC