JUDGEMENT

[Per: Barun Mitra, Member (Technical)] The present appeal filed under Section 61 of Insolvency and Bankruptcy Code 2016 (‘IBC’ in short) by the Appellant arises out of the Order dated 19.04.2022 (hereinafter referred to as ‘Impugned Order’) passed by the Adjudicating Authority (National Company Law Tribunal, Mumbai Bench, Court III) in CP(IB) No.3123(MB)/2019. By the Impugned Order, the Adjudicating Authority has dismissed the Section 9 petition filed by the Appellant seeking to bring the Corporate Debtor under the rigours of Corporate Insolvency Resolution Proceedings (‘CIRP’ in short). Aggrieved by this impugned order, the present appeal has been preferred.

2. The Learned Counsel for the Appellant/Operational Creditor, submitting the facts necessitating the filing of this appeal has submitted that they supplied garments to the Corporate Debtor, Kiaasa Retail LLP on the basis of orders received from the Corporate Debtor for the period October 2018 to February 2019. Goods were delivered within the given time-frame and no disputes or complaints was raised by the Corporate Debtor before or after the supply of goods and not even before the Adjudicating Authorit