Adjournment orders under the Insolvency and Bankruptcy Code are not appealable when they ermine no rights and decide nothing on merits.

An order that merely adjourns proceedings and fixes a future hearing date is not appealable under Section 61 of the Insolvency and Bankruptcy Code, 2016. An appeal under Part II lies only against an order that affects rights, decides the controversy on merits, or otherwise prejudices a legally sustainable interest; a simpliciter adjournment order does none of these and therefore falls outside the class of appealable orders. The appeal was held not maintainable on that ground.

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Issues: Whether an order merely adjourning the matter and fixing a date for hearing is appealable under Section 61 of the Insolvency and Bankruptcy Code, 2016.

Analysis: Section 61 contemplates an appeal from an order passed under Part II of the Insolvency and Bankruptcy Code, 2016. A simpliciter adjournment order that only fixes a future date does not determine any right, does not decide the controversy on merits, and does not prejudice any sustainable legal interest of the appellant. Such an order therefore falls outside the class of appealable orders contemplated by the provision.

Conclusion: The appeal was not maintainable against the adjournment order and failed on that ground, which is against the appellant.

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