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april 2024

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.

Global Credit Capital Limited vs Sach Marketing Pvt. Ltd. · Niyam