IBC Section 182: Appeal to Supreme Court

Section 182 of Insolvency and Bankruptcy Code, 2016: Appeal to Supreme Court

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) An appeal from an order of the Debt Recovery Appellate Tribunal on a question of law under this Code shall be filed within forty-five days before the Supreme Court.

(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.

Legal Commentary & Landmark Judgments: Section 182

Section 182 provides for an Appeal to the Supreme Court on a question of law arising out of any order of the Debt Recovery Appellate Tribunal (DRAT) within forty-five days.

Substantial Question of Law: An appeal lies to the Supreme Court from an order of the DRAT strictly on a question of law, not on disputed questions of fact.
Forty-Five Day Limitation Window: The appeal must be filed within forty-five days from the date of receipt of the order of the DRAT.
Condonation of Delay: The Supreme Court may condone delay not exceeding fifteen days if satisfied that the appellant was prevented by sufficient cause.

Key Landmark Precedents:

Lalit Kumar Jain v. Union of India (2021) 9 SCC 321: The Supreme Court exercised statutory appellate jurisdiction under the Code to authoritatively settle core legal questions regarding individual and personal guarantor liability.
Kalpraj Dharamshi v. Kotak Investment Advisors (2021) 10 SCC 401: Held that appellate interference by the Supreme Court is restricted to questions of law and patent jurisdictional errors.

Courtroom Practice & Strategic Litigation Guidance:

Petitions under Section 182 must frame distinct, formulated questions of statutory interpretation; the Supreme Court will not re-appreciate concurrent factual findings on claim valuation or creditor list computations.