Whether a Police Complaint, prior to the issuance of the Demand Notice under Section 8 of IBC prosecuting a dispute regarding the supply of inferior goods and/or service is a pre-existing dispute? | Whether the issue relating to forgery and fabrication can be decided in a summary proceeding under I&B Code – Abdul Hannan Vs. Jai Jute and Industries Ltd. – NCLT Kolkata Bench
Hon’ble NCLT Kolkata Bench held that:
(i) The parties agreed not to proceed any further with respect the said police complaint. No evidence of withdrawal or closure of complaint is placed before us. The complaint being a fact and the allegations levelled therein being lodged in 2017, i.e., long prior to this company petition.
(ii) The Police Complaint, prior to the issuance of the statutory notice of demand under Section 8 of the I&B Code, prosecuting a dispute regarding the supply of inferior goods and/or service is a “pre-existing dispute”.
(iii) In a summary proceeding under the I&B Code, the dispute relating to forgery and fabrication of document cannot be adjudicated by this Adjudicating Authority.