contingent liabilities; and (c) the respective rights of secured and unsecured creditors; as are in force for the time being under the law of insolvency
broad
classification of creditors as financial creditors and operational
creditors on the basis of the nature of the transaction between
creditors and a corporate debtor ... which differentiated between secured and
unsecured creditors, most financial creditors being secured creditors
and most operational creditors being unsecured. They also argued
that
wound up, of the liquidator, order a meeting of the creditors or class of creditors, or of the members or class of members ... creditors in value, including— (i) a creditor’s responsibility statement in the prescribed form; (ii) safeguards for the protection of other secured and unsecured creditors
creditor, or, if two or more creditors join in the petition, the aggregate amount of debts owing to such creditors, amounts to five hundred rupees ... estimated in the same way as if he were an unsecured creditor
near about 5.7 crores of rupees. There were
other secured and unsecured creditors also.
Proceedings under SICA
2
4. Respondent being unable ... that unsecured creditors listed in the Scheme were only a
selected few creditors, as a result whereof a large number of creditors had
been excluded
appellants and the other Schedule B creditors as secured
creditors against the rest of the unsecured creditors. Such
an order could not be passed ... creditors had under the scheme
already become secured creditors and had priority over the
other unsecured creditors, or that in the alternative, the
court should
creditor, or, if two or more creditors join in the petition, the aggregate amount of debts owing to such creditors, amounts to five hundred rupees ... estimated in the same way as if he were an unsecured creditor
creditor, and shall be treated in all respects as an amended
valuation made by the creditor.
(6) Where a secured creditor does not comply with ... favour of
secured creditors of the company in liquidation. The secured creditors,
therefore, have no charge on such unsecured assets as also no
consequential, preferential
held to have any precedence over all secured and unsecured creditors as has
been held by this Court in Allahabad Bank (supra) and reliance thereupon ... ALLAHABAD BANK :
The Allahabad Bank was an unsecured creditor; it had obtained a
simple money decree from the Debts Recovery Tribunal (DRT) against the
debtor
right is reduced to judgement, fixed, disputed, undisputed, legal, equitable, secured or unsecured; (b) right to remedy for breach of contract under ... creditor" means any person to whom a debt is owed and includes a financial creditor, an operational creditor, a secured creditor, an unsecured creditor