# In the matter of Fourth Dimensions Solutions Ltd. Vs. Ricoh India Ltd. & Ors.

> SC judgment dated 2022-01-21. Citation: TCN-2022-SC-00074. The case involves a civil appeal before the Supreme Court of India. The appellant had previously…

- **Court:** SC
- **Order date:** 21 Jan 2022
- **Citation:** TCN-2022-SC-00074
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/fourth-dimensions-solutions-ltd-vs-ricoh-india-ltd-ors-13f6cb25

## Summary

### Background

The case involves a civil appeal before the Supreme Court of India. The appellant had previously filed an appeal before the National Company Law Appellate Tribunal (NCLAT), which was pending. The Supreme Court directed that the NCLAT appeal should proceed on merits. The NCLAT then passed an impugned judgment. The appellant's name was mentioned in the list of Operational Creditors, and the admitted claims of the appellant were indicated as 'Nil' with a note indicating that the claims pertaining to FDSL have been disputed and are proceedings before the Arbitrators/Appellate Authorities.

## Facts

Fourth Dimension Solutions Ltd. (appellant) filed an appeal before the National Company Law Appellate Tribunal (NCLAT). The Supreme Court directed the NCLAT appeal to proceed on merits. The NCLAT then passed an impugned judgment. The appellant's name was mentioned in the list of Operational Creditors. On 2018-11-29, the Resolution Professional (RP) published an updated list of creditors of the Corporate Debtor, wherein the admitted claims of the Appellant were indicated as 'Nil' with an appended note: "2. The claims pertaining to FDSL have been disputed and are proceedings before the Arbitrators/Appellate Authorities. The liability is subjected to outcome of these proceedings". There were arbitration proceedings pending between the parties.

## Issues and analysis

### Issue 1: Whether the NCLAT's decision to dispose of the appeal by restating the factual position was …

**Ratio:** The NCLAT has the discretion to dispose of appeals based on the factual position

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**Reasoning:** The Supreme Court found it sufficient for the NCLAT to dispose of the appeal by restating

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**Interpretation:** This indicates that appellate tribunals can rely on the existing factual matrix

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**Application:** The NCLAT's decision to restate the factual position was deemed appropriate

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## Parties

- **Judges:** A.M. KHAN…; DINESH MAHE…
- **Appellants:** FOURTH DIMENSION…
- **Respondents:** Ricoh Indi…

## Timeline

- **2018-11-29 — RP publishes updated…**: The Resolution Professional (RP) published an updated list of creditors of the Corporate…
- **2021-03-10 — Court upholds…**: The Court upheld the Resolution Plan approved by the Committee of Creditors in Civil…

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