No SLP maintainable avoiding Limitation when Statutory Appeal Available: Supreme Court [Read Judgment]
The Apex Court dismissed an SLP filed in avoidance of Statutory Civil Appeal remedy, in the matter challenging an NCLAT Order.
SLP – Statutory Appeal – Supreme Court – taxscan
SLP – Statutory Appeal – Supreme Court – taxscan
The Supreme Court Division Bench of Chief Justice DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra held that no Special Leave Petition under Article 136 is maintainable when statutory appeal remedy is available to the aggrieved party.
The Bench observed that, “There is a delay of 20 days in filing and 191 days in re-filing the Special Leave Petitions.”
It was also noted that, “Since the impugned order of the National Company Law Appellate Tribunal dated 28 September 2022 is amenable to the appellate jurisdiction of this Court under Section 62 of the Insolvency and Bankruptcy Code 2016, we decline to entertain a petition under Article 136 of the Constitution. The bar of limitation cannot be obviated or circumvented by taking recourse of proceedings under Article 136 of the Constitution when a statutory appeal is available. We accordingly decline to entertain the Special Leave Petitions only on that ground leaving it open to the petitioner to adopt appropriate remedies in accordance with law.”
A Special Leave Petition (SLP) is a legal remedy available in India governed by Article 136 of the Constitution of India. It allows individuals or parties to seek special permission from the Supreme Court to appeal against any judgment, decree, or order of a lower court or tribunal in the country. It is one of the extraordinary powers vested in the Supreme Court.
Article 136 is included in Part V (Union Judiciary) of the Constitution of India. Article 136 reads follows:
“136. Special leave to appeal by the Supreme Court.
(1) Notwithstanding anything in this Chapter, the Supreme Court may, in its discretion, grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of India.
(2) Nothing in clause (1) shall apply to any judgment, determination, sentence or order passed or made by any court or tribunal constituted by or under any law relating to the Armed Forces.”
In result, it was held that, “The Special Leave Petitions are, therefore, dismissed on the ground of delay as well as on merits.”
The Bench, in its discernment, emphasized that the impugned order fell within the purview of the apex court's appellate jurisdiction under Section 62 of the Insolvency and Bankruptcy Code, 2016. Consequently, the court declined to entertain the petition filed under Article 136 of the Constitution, emphasizing the availability of alternative legal remedies.
To Read the full text of the Order CLICK HERE
Support our journalism by subscribing to Taxscan premium. Follow us on Telegram for quick updates
