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2021 (7) TMI 556 - NATIONAL COMPANY LAW TRIBUNAL, NEW DELHI BENCHSecured Financial Creditor or not - seeking to put Resolution Plan again in terms of the change in status of the Applicant as a Secured Financial Creditor - HELD THAT:- Considering the fact that the loan was disbursed to the corporate debtor by the applicant but the said is not supported with any documentary evidence to show the creation of security interest as mentioned in IBBI (Liquidation Process) Regulations, 2016. Hence, the arguments that the present applicant needs to be classified as secured creditor cannot be accepted - The RP has rightly considered the absence of any proof of security document and then declared the applicant as unsecured financial creditor, at par with financial creditors in class of creditors being home buyers. In absence of any registration of charge in the ROC record of the corporate debtor, the present applicant needs to be recognized as unsecured financial creditor. Moreover, the resolution plan is approved by CoC and the resolution applicant cannot be put to hardship of facing new claim/new category of a claim. The present application fails and is rejected.
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