# In the matter of Ramnivas Somany vs. Anushri Paperpack Pvt. Ltd. & Anr.

> NCLAT judgment dated 2025-07-15. Citation: TCN-2025-NCLAT-00304. The appeal was filed by the Suspended Director of the Corporate Debtor, M/s Indian Denim…

- **Court:** NCLAT
- **Order date:** 15 Jul 2025
- **Citation:** TCN-2025-NCLAT-00304
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/ramnivas-somany-vs-anushri-paperpack-pvt-ltd-anr-c41f7823

## Summary

### Background

The appeal was filed by the Suspended Director of the Corporate Debtor, M/s Indian Denim Ltd., against the admission of the application filed by the operational creditor, M/s Anushri Paper Pack Pvt. Ltd.

## Facts

The appeal is filed against the admission of an application by the operational creditor, M/s Anushri Paper Pack Pvt. Ltd.

The application under Section 9 was filed for the resolution of an amount of Rs. 8,48,127/-.

SBI filed an application for intervention, claiming to have advanced Rs. 26 Crores to the Corporate Debtor.

The Corporate Debtor mortgaged its property, a factory in Ahmedabad, to SBI.

A legal notice dated 01.06.2016 was served demanding Rs. 16,52,85,913.09/-.

The applicant also filed an Original Application before DRT-I, Ahmedabad, for Rs. 17,03,85,072/-.

The operational creditor did not appear in the appeal, and the case proceeded ex-parte against them.

The order of stay dated 16.10.2023 is vacated.

## Issues and analysis

### Issue 1: Whether the admission of the application filed …

**Ratio:** The court considered the submissions of the applicant and the fact that the operational

…

**Reasoning:** The court proceeded ex-parte against the

…

**Interpretation:** The court is proceeding with the case despite the absence of the operational

…

**Application:** The court will decide on the merits of the case based on the available evidence

…

## Parties

- **Judges:** Rakesh Kuma…; Mohammad Faiz…; +1 more
- **Appellants:** Ramniwas B…; SBI…
- **Respondents:** M/s Indian Denim…; ANUSHRI PAPER…
- **Other parties:** M/s Anushri Paper…
- **Advocates:** Kunal S…; HARSHIT…; +3 more

## Timeline

- **2025-07-15 — Appeal F…**: Appeal filed by the Suspended Director of the Corporate Debtor against the admission of…
- **2023-10-16 — Preliminary…**: Court passed an interim…

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