JUDGMENT :

Dhananjaya Y Chandrachud, CJI.

1. Admit.

2. These appeals arise under Section 62 of the Insolvency and Bankruptcy Code 2016¹[“IBC”] from a judgement dated 14 September 2023 of the National Company Law Appellate Tribunal.²[“NCLAT”] The NCLAT dismissed the appeal against the order of the National Company Law Tribunal, Mumbai³[“NCLT”] on the ground of limitation.

3. At the outset, it is clarified that the findings in this judgement are limited to a determination of the question of limitation. The detailed facts and averments on the merits of the larger dispute between the parties are not analysed in the judgment.

4. Briefly, respondent 1, Vistra ITCL (India) Limited filed an application under Section 7 of the IBC seeking the initiation of the Corporate Insolvency Resolution Process⁴[“CIRP”] against Evirant Developers Private Limited, the Corporate Debtor. The appellant is a former director of the Corporate Debtor, who alleges that the Section 7 application filed by respondent 1 is based on collusion with the various respondents, including respondent 2 and respondent 3, who a