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Judgment
Heard learned counsel for the Appellant. This Appeal has been filed against order dated 04.08.2022 passed by National Company Law Tribunal, Cuttak Bench by which application filed by Appellant under Section 9 for operational debt has been rejected. The Adjudicating Authority has returned finding after considering the materials on record that goods were never supplied relying on plea which was taken in reply filed by the Corporate Debtor.
Learned counsel for the Appellant challenging the order contends that the Adjudicating Authority has relied only on the affidavit filed by the alleged transporter – ‘M/s Rahul Goods Carriers’ which is not sufficient material to return finding that goods were never supplied to the Corporate Debtor.
We are of the view that there being serious dispute raised in the application under Section 9 regarding receipt of goods by the Corporate Debtor such issues cannot be gone into and adjudicated in the Section 9 proceedings. It is open for the Appellant to seek appropriate remedy before the Competent Court after establishing that goods were supplied for his dues, as permissible in law. We make it clear that in appropriate proceedings before Competent Court, if any, initiated by the Appellant, any observations made by the Adjudicating Authority in Section 9 proceedings shall not come in the way. Appeal is dismissed with observation as above.