Statutory appellate remedy bars Article 136 recourse and limitation cannot be bypassed through special leave

Where the Insolvency and Bankruptcy Code provides a statutory appeal under Section 62, recourse to Article 136 is inappropriate and cannot be used to bypass the statutory appellate scheme or the bar of limitation. The Supreme Court declined to exercise its discretionary jurisdiction, held that delay could not be overlooked for that purpose, and did not entertain the Special Leave Petitions, leaving the parties to pursue remedies available in law.

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Issues: Whether the Special Leave Petitions were entertainable under Article 136 of the Constitution of India when a statutory appeal was available under Section 62 of the Insolvency and Bankruptcy Code, 2016, and whether delay could be overlooked for that purpose.

Analysis: The availability of an appellate remedy under Section 62 of the Insolvency and Bankruptcy Code, 2016 rendered recourse to Article 136 inappropriate. The order further records that the bar of limitation cannot be bypassed or circumvented by invoking Article 136 when the statute provides an appeal.

Conclusion: The Special Leave Petitions were not entertained and were dismissed.

Final Conclusion: The Court declined to exercise its discretionary jurisdiction under Article 136 in view of the statutory appellate remedy, leaving the petitioner to pursue remedies available in law.

Ratio Decidendi: Where a statute provides an appellate remedy, recourse to Article 136 cannot be used to circumvent the statutory scheme or the bar of limitation.

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