Supreme Court of India · 2024-04-25
Global Credit Capital Limited vs Sach Marketing Pvt. Ltd.
- Citation / case number
- 2024 INSC 340
- Court
- Supreme Court of India
- Petitioner
- Global Credit Capital Limited
- Respondent
- Sach Marketing Pvt. Ltd.
- Author
- Abhay S. Oka
- Bench
- Pankaj Mithal, Abhay S. Oka
Judgment text excerpt
The Supreme Court upheld the NCLAT's decision that the first respondent qualifies as a financial creditor under Section 5(7) of the Insolvency and Bankruptcy Code, 2016 (IBC). The Court clarified that the nature of the agreements between the corporate debtor and the first respondent, which involved the deposit of a substantial security amount with interest, supports the classification as a financial creditor rather than an operational creditor. Consequently, the appeal was dismissed, affirming the NCLAT's ruling and the status of the first respondent as a financial creditor.