Defective IBC Appeal rejected though e filed before time

The Supreme Court has held that an appeal under Section 61 of the Insolvency and Bankruptcy Code (IBC) cannot be treated as validly instituted merely because it is e-filed within the limitation period. 

Where the appeal is filed without complying with mandatory requirements, particularly the filing of a certified copy of the impugned order or seeking exemption therefrom, the defect goes to the very root of maintainability. 

The Court ruled that such an appeal is not merely defective but fundamentally incompetent and incapable of being cured through subsequent condonation of delay in refiling.