CA 4213-4219/2020

1

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

Civil Appeal Nos 4213-4219 of 2020

Apna Organics Pvt Ltd

Appellant(s)

Versus

Alok Industries Limited and Others

Respondent(s)

W I T H

S L P (C) Nos of 2021

[Diary No 9274 of 2020]

O R D E R

SLP(C) Diary No 9274 of 2020

1

The Special Leave Petitions have been filed under Article 136 of the

Constitution to challenge the order of the NCLAT dated 30 April 2019. A

substantive remedy of an appeal has been provided under Section 62 of the

Insolvency and Bankruptcy Code 2016 against a decision of the NCLAT. In

view of the remedy of an appeal provided by Section 62, the Special Leave

Petitions are clearly not maintainable.

2

There is a delay of 221 days in filing the Special Leave Petitions. The Special

Leave Petitions have been filed evidently to get over the bar which arises

from Section 62 in filing an appeal beyond the period of limitation. The delay

Digitally signed by

Chetan Kumar

Date: 2021.03.12

15:27:11 IST

Reason:

Signature Not Verified

CA 4213-4219/2020

2

in challenging the order of the NCLAT is beyond the period that is prescribed

in Section 62(1) and lies beyond the maximum period that can be condoned

under Section 62(2). This delay cannot be obviated by taking recourse of

Article 136 of the Constitution. The petitioner having failed to espouse the

remedy of an appeal within limitation, the Special Leave Petitions cannot be

maintained.

3

The Special Leave Petitions are accordingly dismissed for the above reasons.

Civil Appeal Nos 4213-4219 of 2020

1

The Resolution Plan in respect of the Corporate Debtor was approved by the

National Company Law Tribunal on 8 March 2019. The NCLAT disposed of the

appeal filed by the appellant on 30 April 2019, following which the appellant

filed an interlocutory application before the NCLT, which was dismissed on 18

November 2019. Against the order of the NCLT, the appellant moved the

NCLAT which has dismissed the appeal.

2

The remedy of the appellant was to file a substantive appeal against the

order granting approval to the Resolution Plan. The Special Leave Petitions

which have been filed, which is companion to the present appeals, have

been dismissed on the ground that the appellant could not have obviated the

bar of limitation in moving this Court under Section 62 of the Insolvency and

Bankruptcy Code 2016 by filing a proceeding under Article 132 of the

Constitution. There is no merit in the appeals.

CA 4213-4219/2020

3

3

The Civil Appeals are dismissed.

4

Pending applications, if any, stand disposed of.

….....…...….......………………........J.

[Dr Dhananjaya Y Chandrachud]

..…....…........……………….…........J.

[M R Shah]

New Delhi;

March 8, 2021

CKB

CA 4213-4219/2020

4

ITEM NO.3

Court 6 (Video Conferencing) SECTION XVII

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

Civil Appeal Nos.4213-4219/2020

APNA ORGANICS PVT. LTD. Appellant(s)

VERSUS

ALOK INDUSTRIES LIMITED & ORS. Respondent(s)

WITH Diary No.9274/2020 (XVII)

(With appln.(s) for I.R. and IA No.133838/2020-CONDONATION OF DELAY

IN FILING and IA No.133840/2020-EXEMPTION FROM FILING C/C OF THE

IMPUGNED JUDGMENT and IA No.133839/2020-PERMISSION TO FILE

ADDITIONAL DOCUMENTS/FACTS/ANNEXURES.)

Date : 08-03-2021 These appeals were called on for hearing today.

CORAM :

HON'BLE DR. JUSTICE D.Y. CHANDRACHUD

HON'BLE MR. JUSTICE M.R. SHAH

For Appellant(s)

Mr. Dhruv Mehta, Sr. Adv.

Mr. Ankit Kumar Lal, AOR

For Respondent(s)

Mr. Ritin Rai, Sr. Adv.

Mr. Aman Shukla, Adv.

Petrushka Deas Dasgupta, Adv.

Ms. Pallavi Pratap, AOR

Mr. Ramji Srinivasan, Sr. Adv.

Mr. K. R. Sasiprabhu, AOR

Mr. Raghav Shankar, Adv.

Mr. Amey Nabar, Adv.

Mr. Vishnu Sharma, Adv.

Mr. Tushar Bhardwaj, A