debt is owed and includes a
financial creditor, an operational creditor, a secured creditor, an unsecured
creditor and a decree-holder;
25
(11) “debt” means ... includes a default
in respect of a financial debt owed not only to the applicant financial creditor
but to any other financial creditor
includes a
default in respect of a financial debt owed not only to the applicant
financial creditor but to any other financial creditor ... financial debt, the Adjudicating Authority has merely to see the
records of the information utility or other evidence produced by the
financial creditor, to satisfy
financial debt as defined under Section
5(8) of the Code, and Spade Financial Services Limited does
not qualify as a Financial Creditor under Section ... corporate debtor, constitute a committee of
creditors.
(2) The committee of creditors shall comprise all financial
creditors of the corporate debtor: Provided that a related
financial contract supported by financial statements as
evidence of the debt;
(ii) a record evidencing that the amounts committed by the
financial creditor ... considered view, the Committee of Creditors, which might
include financial institutions and other financial creditors, cannot secure
their own dues at the cost of statutory
includes a
default in respect of a financial debt owed not only to the applicant
financial creditor but to any other financial creditor ... financial
creditor.
79. As observed above, the financial strength and nature of
business of Financial Creditors and Operational Creditors being
different, as also the tenor
made clear that it includes a “financial
creditor”, a “secured creditor”, an “unsecured
creditor”, an “operational creditor”, and a “decree-
holder”. Similarly, a “debt” means ... expressions
“financial creditor”, “operational creditor”, “secured
creditor” and “unsecured creditor”. Every secured
creditor would be a creditor; and every financial
creditor would also
debt is owed and includes a
financial creditor, an operational creditor, a secured creditor, an unsecured
creditor and a decree-holder;
(11) “debt” means ... includes a
default in respect of a financial debt owed not only to the applicant financial
creditor but to any other financial creditor
whether there is a financial debt owed by the Corporate
Debtor to the Financial Creditor and whether the amount of the
5
debt exceeded ... PROVE
THE EXISTENCE OF FINANCIAL, DEBT, THE AMOUNT AND DATE OF DEFAULT
38. Section 7(3) requires a financial creditor making an application
under Section
made by the
Code between debts owed to financial creditors and
operational creditors. A financial creditor has been defined
under Section ... debt is owed
and includes a financial creditor, an operational creditor, a
secured creditor, an unsecured creditor and a decree-holder;
(11) "debt
Respondent No 1, a Non-banking Financial Company, hereinafter
referred to as the “Financial Creditor” disbursed loan to the tune of Rs.6 Crores ... Financial Creditor. There was, therefore, no financial debt owed by Doshi
Holdings to the Financial Creditor under Section 5(8) of the IBC. Insofar
