If there are dues payable by the Appellant, the Corporate Debtor could exercise lien on the goods which were available with the Corporate Debtor- Orbit Lifescience Private Limited Vs. Raj Ralhan (RP of the CD) – NCLAT
February 6, 2020
NCLAT has held that we have gone through the matter and heard learned Counsel for both the sides. We have carefully gone through Impugned Order and we notice that the Adjudicating Authority has painstakingly discussed in full the cases put up by the parties and after due analysis of the provisions of Sections 14 and 18 found that there were goods owned by the Appellant lying at the plant of the Corporate Debtor but at the same it also found that there were dues payable by the Appellant. There was some overlapping as the Appellant appears to have acted in terms of the Agreement dated 01.05.2018 between 22.06.2018 to 04.10.2018. It must be remembered that Section 9 Application was admitted on 23.08.2018 and thus there were occasions which were required to be taken note with regard to pro or post moratorium.