# In the matter of Anil Kumar Seth (Suspended Director, Supercast Technologies Pvt. Ltd.) vs. Valplast Technologies Pvt. Ltd. & Anr.

> NCLAT judgment dated 2025-05-26. Citation: TCN-2025-NCLAT-00369. The appeal was filed against the order dated 14.05.2024 by the National Company Law Tribunal,…

- **Court:** NCLAT
- **Order date:** 26 May 2025
- **Citation:** TCN-2025-NCLAT-00369
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/anil-kumar-seth-suspended-director-supercast-technologies-pvt-ltd-vs-valplast-te-aa4fcfed

## Summary

### Background

The appeal was filed against the order dated 14.05.2024 by the National Company Law Tribunal, Allahabad Bench, Prayagraj, which admitted an application filed by Valplast Technologies Pvt. Ltd. under Section 9 of the Insolvency & Bankruptcy Code, 2016 against Supercast Technologies Pvt. Ltd. for the resolution of an amount of Rs. 2,29,48,069.19/- and appointed Satyendra Sharma as the IRP.

## Facts

An application was admitted by the NCLT Allahabad Bench against Supercast Technologies Pvt. Ltd. under Section 9 of the IBC.

The Appellant, a Suspended Director of Supercast Technologies Pvt. Ltd., filed an appeal.

The Tribunal did not consider emails/letters exchanged between the parties, arguing that the Appellant did not reply to the demand notice under Section 8 of the Code.

The Appellate Tribunal set aside the Impugned Order and allowed the appeal.

The main petition was restored and remanded back to the Learned Tribunal to be decided in accordance with law, after considering the emails/letters exchanged between the parties before 08.05.2023.

…

## Issues and analysis

### Issue 1: Whether the Tribunal erred in not considering the emails/letters exchanged between the parties …

**Ratio:** The finding of the Learned Tribunal is not acceptable as it is contrary to the

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**Reasoning:** The Appellant argued that there was a pre-existing dispute, and the letters could not

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**Interpretation:** The court interprets that even in the absence of a reply to the notice under

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**Application:** The principle is applied to set aside the Impugned Order and remand the case

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## Parties

- **Judges:** Rakesh Kuma…; Naresh Sa…; +1 more
- **Appellants:** Anil Kuma…
- **Respondents:** Supercast…; Valplast Technolog…
- **Other parties:** Satyendra…; M/s Brand Realty…
- **Advocates:** Krishnendu…; Milan Sing…; +6 more

## Timeline

- **2024-05-14 — Order Da…**: Date of the order passed by the National Company Law Tribunal, Allahabad Bench,…
- **2023-06-02 — Application…**: Date on which Valplast Technologies Pvt. Ltd. filed the application under Section 9 of…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 8 — Insolvency resolution by operational creditor](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-8)

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