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TMI Blog2022 (1) TMI 1384X X X X Extracts X X X X X X X X Extracts X X X X ..... ppellant 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. - Company Appeal (AT) (Ins) No. 472 of 2021 - - - Dated:- 13-1-2022 - Justice Ashok Bhushan, Chairperson ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to place reliance on, by the Adjudicating Authority. It is submitted that only part payment of invoices were made and when the payments were not made, the Appellant filed a police complaint complaining hob-payments and making allegations of criminal breach of trust, cheating and intimidation. 5. Learned Counsel for the Appellant has referred to all the three police complaints which have been filed before us. 6. We have considered the submissions of the Learned Counsel for the Appellant and perused the records. 7. 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. 9. We are of the view that 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 . We, thus, do not find any error in the order of the Adjudicating ..... X X X X Extracts X X X X X X X X Extracts X X X X
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