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2022 (1) TMI 1384 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL NEW DELHIApplication filed u/s 9 of IBC, rejected on the ground of pre-existing dispute - police complaint evidences the dispute between the parties or not - HELD THAT:- The Adjudicating Authority has observed the fact that the police complaints were registered by the Appellant and cross-complaints were also registered by the ‘Corporate Debtor’ is evidence of facts, that dispute has arisen between the parties which was pending investigation by the police. When the allegations against each other are serious allegations including allegations of offence against each other, we are not convinced by the Appellant that police complaint do not evidence any dispute between the parties. It is to be noted that all the aforesaid complaints are much before initiation of proceedings u/s 9 by the Appellant. The Adjudicating Authority has not committed any error in relying of the facts and materials on record to come to the conclusion that there was pre-existing dispute between the parties. The IBC proceedings are not for the purposes of adjudicating such dispute between the parties and are not the recovery proceedings to recover the unpaid amount by the official creditor whose claim is disputed by the ‘Corporate Debtor’ - appeal dismissed.
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