Insolvency and Bankruptcy Code prevails over apex court rules in case of conflict: Supreme Court
The Supreme Court has held that where the provisions of the Insolvency and Bankruptcy Code (IBC) conflict with the Supreme Court Rules (SCR), the IBC must prevail, underlining that procedural rules cannot be used to dilute the strict timelines prescribed by Parliament for insolvency proceedings. The judgment came in an appeal filed by a liquidator challenging an order of the National Company Law Appellate Tribunal (NCLAT). (PTI/File) A bench of justices Dipankar Datta and Satish Chandra Sharma ruled that litigants cannot circumvent the rigid limitation regime under the IBC by filing defective appeals merely to save limitation and then curing defects at their convenience. Holding that the insolvency law is a “complete code in itself”, the court dismissed as time-barred an appeal filed by a liquidator after finding delays both in filing and re-filing the matter. “The SCR is the subordinate legislation in the field and whenever the IBC and the SCR clash, the latter cannot override the express provisions of the former. The IBC must prevail being the statutory edict,” held the bench in …




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