# In the matter of Nimish Sanghavi , Suspended Director of Clothwarei Printing Pvt. Ltd. vs. Insight Print Communications Pvt. Ltd. & Ors.

> NCLAT judgment dated 2025-10-15. Citation: TCN-2025-NCLAT-00537. The appeal was filed against the Adjudicating Authority's order which admitted a Section 9…

- **Court:** NCLAT
- **Order date:** 15 Oct 2025
- **Citation:** TCN-2025-NCLAT-00537
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/nimish-sanghavi-suspended-director-of-clothwarei-printing-pvt-ltd-vs-insight-pri-7526a9ec

## Summary

### Background

The appeal was filed against the Adjudicating Authority's order which admitted a Section 9 application by the Operational Creditor, initiating CIRP against the Corporate Debtor.

## Facts

Clothwari Printing Pvt. Ltd. (Corporate Debtor) placed an order for a digital textile printer from Insight Print Communications Pvt. Ltd. (Operational Creditor).

The purchase order was placed on 21.11.2019, and the printer was delivered on 23.11.2019.

The invoice amount was Rs 3,12,44,282/-.

The payment was required to be made after a 90-day trial period.

The Corporate Debtor made a payment of Rs 5 Lakhs on 28.09.2022.

The Operational Creditor issued a Section 8 Demand Notice on 08.12.2022 for Rs 3.07 Cr.

The Corporate Debtor sent a Notice of Dispute on 10.02.2023, claiming the printer was defective.

The Section 9 application was filed on 21.06.2023.

The Corporate Debtor claimed the Rs 5 Lakhs payment was for printer cartridges, not part-payment for the printer.

…

## Issues and analysis

### Issue 1: Whether there was a …

**Ratio:** A pre-existing dispute must be discernible from

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**Reasoning:** The Appellate Tribunal found that the e-mails and the Reply Notice of Dispute indicated a

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**Interpretation:** The existence of a plausible dispute, even if not fully substantiated, is

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**Application:** The Appellate Tribunal held that the Adjudicating Authority failed to

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## Parties

- **Judges:** Ashok Bh…; Barun M…
- **Appellants:** Nimish Sa…
- **Respondents:** Clothwari…; Insight Print…; +1 more
- **Advocates:** S.C. Mi…; Shashank…; +3 more

## Timeline

- **2019-11-21 — Purchase…**: Corporate Debtor placed…
- **2019-11-23 — Printer De…**: Printer was delivered to…

## 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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